Texas Regulatory Program, 45683-45686 [2014-18643]
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Rules and Regulations
This document contains
corrections to final regulations (TD
9673) that were published in the
Federal Register on Wednesday, July 2,
2014 (79 FR 37633). The final
regulations are relating to the use of
longevity annuity contracts in tax
qualified defined contribution plans.
DATES: This correction is effective
August 6, 2014 and applicable
beginning July 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Jamie Dvoretzky, at (202) 317–6799 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The final regulations (TD 9673) that
are the subject of this correction is
under section 401(a) of the Internal
Revenue Code.
Need for Correction
As published, the final (TD 9673)
contains errors that may prove to be
misleading and are in need of
clarification.
annuity contract that is not intended to
be a QLAC, if applicable) is returned to
the non-QLAC portion of the employee’s
account after the last valuation date for
the calendar year in which the excess
premium was originally paid, then the
employee’s account balance for that
calendar year must be increased to
reflect that excess premium in the same
manner as an employee’s account
balance is increased under A–2 of
§ 1.401(a)(9)–7 to reflect a rollover
received after the last valuation date.
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(3) * * *
(i) Structural deficiency. If a contract
fails to be a QLAC at any time for a
reason other than an excess premium
described in paragraph (d)(1)(ii) of this
A–17, then as of the date of purchase
the contract will not be treated as a
QLAC (for purposes of A–3(d) of
§ 1.401(a)(9)–5) or as a contract that is
intended to be a QLAC (for purposes of
paragraph (b) of this A–17).
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Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
[FR Doc. 2014–18547 Filed 8–5–14; 8:45 am]
Correction of Publication
BILLING CODE 4830–01–P
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
under section 401(a) of the Internal
Revenue Code.
Need for Correction
As published, the final regulations
(TD 9673) contain errors that may prove
to be misleading and are in need of
clarification.
Correction of Publication
Accordingly, the final regulations (TD
9673), that are the subject of FR Doc.
2014–15524, are corrected as follows:
1. On page 37634, third column, in
the preamble, first line from the top of
the page, the language ‘‘premium
payments will be taken into’’ is
corrected to read ‘‘premium payments
would be taken into’’.
2. On page 37636, first column, in the
footnotes, the seventh line from the
bottom of the page, the language ‘‘411(a)
of the Code). Section 205(e)(2) of the’’ is
corrected to read ‘‘411(a)). Section
205(e)(2) of the’’.
3. On page 37637, first column, in the
preamble, under the paragraph heading
‘‘II. IRAs’’, the first sentence is removed.
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
DEPARTMENT OF THE TREASURY
Internal Revenue Service
RIN 1545–BK23
Par. 2. Section 1.401(a)(9)–6 is
corrected by revising paragraph (c)(4)(i)
introductory text, the second sentence
of paragraph (d)(1)(ii)(B), and paragraph
(d)(3)(i) to read as follows:
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§ 1.401(a)(9)–6 Required minimum
distributions for defined benefit plans and
annuity contracts.
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(c) * * *
(4) * * *
(i) * * * In lieu of a life annuity
payable to a designated beneficiary
under paragraph (c)(1) or (2) of this A–
17, a QLAC is permitted to provide for
a benefit to be paid to a beneficiary after
the death of the employee in an amount
equal to excess of—
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(d) * * *
(1) * * *
(ii) * * *
(B) * * * If the excess premium
(including the fair market value of an
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Jkt 232001
Office of Surface Mining Reclamation
and Enforcement
[TD 9673]
Authority: 26 U.S.C. 7805 * * *
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DEPARTMENT OF THE INTERIOR
26 CFR Parts 1 and 602
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
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VerDate Mar<15>2010
[FR Doc. 2014–18558 Filed 8–5–14; 8:45 am]
BILLING CODE 4830–01–P
PART 1—INCOME TAXES
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45683
30 CFR Part 943
Longevity Annuity Contracts;
Correction
[SATS No. TX–066–FOR; Docket ID: OSM–
2014–0001; S1D1SSS08011000SX066A0006
7F144S180110; S2D2SSS08011000SX0
66A00033F14XS501520]
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations; correction.
AGENCY:
This document contains
corrections to final regulations (TD
9673) that were published in the
Federal Register on Wednesday, July 2,
2014 (79 FR 37633). The final
regulations are relating to the use of
longevity annuity contracts in tax
qualified defined contribution plans.
DATES: This correction is effective
August 6, 2014 and applicable
beginning July 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Jamie Dvoretzky, at (202) 317–6799 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The final regulations (TD 9673) that
are the subject of this correction is
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Texas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving an amendment
to the Texas regulatory program (Texas
program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Texas proposed
revisions to its regulations regarding
annual permit fees. Texas revised its
program at its own initiative to raise
revenues sufficient to cover its
anticipated share of costs to administer
the coal regulatory program and to
encourage mining companies to more
quickly reclaim lands and request bond
SUMMARY:
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Rules and Regulations
release, thereby fulfilling SMCRA’s
purpose of assuring the reclamation of
mined land as quickly as possible.
DATES: Effective August 6, 2014.
FOR FURTHER INFORMATION CONTACT:
Elaine Ramsey, Director, Tulsa Field
Office. Telephone: (918) 581–6430.
Email: eramsey@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
VI. Procedural Determinations
I. Background on the Texas Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘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, in the February 27, 1980,
Federal Register (45 FR 13008). You can
find later actions on the Texas program
at 30 CFR 943.10, 943.15, and 943.16.
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II. Submission of the Amendment
By letter dated December 19, 2013
(Administrative Record No. TX–703),
and on their own initiative, Texas sent
us an amendment to its program under
SMCRA (30 U.S.C. 1201 et seq.). We
announced receipt of the proposed
amendment in the March 10, 2014,
Federal Register (79 FR 13264). In the
same document, we opened the public
comment period and provided an
opportunity for a public hearing or
meeting on the adequacy of the
amendment. We did not hold a public
hearing or meeting, because no one
requested one. The public comment
period ended on April 10, 2014. We did
not receive any public comments.
III. OSMRE’s Findings
The following are the findings we
made concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17. We are
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approving the amendment as described
below.
16 Texas Administrative Code (TAC)
Section 12.108 Permit Fees
Texas proposed to revise its
regulations at 16 TAC Sections
12.108(b)(1)–(3), adjusting the annual
coal mining permit fees for calendar
years 2013 and 2014. Fees for mining
activities during calendar year 2013
must be paid by coal mine operations by
March 15, 2014, which is in Texas’ 2014
fiscal year. Similarly, fees for mining
activities during calendar year 2014 are
due by March 15, 2015, which is in
Texas’ 2015 fiscal year.
By this amendment, Texas is:
(1) Decreasing the current fee in
paragraph (b)(1) from $154.00 to $84.00
for each acre of land within the permit
area on which coal or lignite was
actually removed during the calendar
year;
(2) Increasing the current fee in
paragraph (b)(2) from $10.40 to $12.00
for each acre of land within a permit
area covered by a reclamation bond on
December 31st of the year; and
(3) Decreasing the current fee in
paragraph (b)(3) from $6,900.00 to
$6,540.00 for each permit in effect on
December 31st of the year.
The Federal regulations at 30 CFR
777.17 provide that applications for
surface coal mining permits must be
accompanied by a fee determined by the
regulatory authority. The Federal
regulations also provide that the fees
may be less than, but not more than, the
actual or anticipated cost of reviewing,
administering, and enforcing the permit.
Texas’ amendment describes how its
coal mining regulatory program is
funded. Texas operates on a biennial
budget which appropriates general
revenue funds for permitting and
inspecting coal mining facilities within
the State. This appropriation is
contingent on the Railroad Commission
of Texas (Commission) assessing fees
sufficient to generate revenue to recover
the general revenue appropriation.
When calculating anticipated costs to
the Commission for regulating coal
mining activity, Texas anticipates
OSMRE will provide some grant
funding for regulatory program costs
based on Section 705(a) of SMCRA.
Texas has estimated that annual fees at
the revised amounts in this amendment
will result in revenue that, when
coupled with permit application fees, is
expected to provide for more than 50
percent of the anticipated regulatory
program costs during each year of the
biennium. OSMRE agrees that this is a
reasonable expectation in light of the
Administration’s proposed fiscal year
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2015 budget which reduces overall
funding to states and may result in them
receiving less than fifty percent of their
anticipated regulatory program costs.
Texas adjusts its fees biennially to
recover the amounts expended from
state appropriations in accordance with
a formula and schedule agreed to in
2005 by the coal mining industry and
the Commission. This amendment
represents the fifth adjustment to
surface mining fees based upon that
agreement.
We find that Texas’ fee changes are
consistent with the discretionary
authority provided by the Federal
regulation at 30 CFR 777.17. Therefore,
OSMRE approves Texas’ proposed
permit fees, recognizing that Texas has
a process to adjust its fees to cover the
cost of its regulatory program not
covered by the Federal grant.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment, but did not receive any.
Federal Agency Comments
On January 9, 2014, pursuant to 30
CFR 732.17(h)(11)(i) and Section 503(b)
of SMCRA, we requested comments on
the amendment from various Federal
agencies with an actual or potential
interest in the Texas program
(Administrative Record No. TX–703.01).
We did not receive any comments.
Environmental Protection Agency (EPA)
Concurrence and Comment
Under 30 CFR 732.17(h)(11)(ii), we
are required to get written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued under
the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act
(42 U.S.C. 7401 et seq.). None of the
revisions that Texas proposed to make
in this amendment pertain to air or
water quality standards. Therefore, we
did not ask EPA to concur on the
amendment. However, on January 9,
2014, under 30 CFR 732.17(h)(11)(i), we
requested comments from the EPA on
the amendment (Administrative Record
No. TX–703.1). The EPA did not
respond to our request.
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On January 9, 2014, we
requested comments on Texas’
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Rules and Regulations
amendment (Administrative Record No.
TX–703.01), but neither the SHPO nor
ACHP responded to our request.
V. OSMRE’s Decision
Based on the above findings, we
approve the amendment Texas
submitted to the OSMRE on December
19, 2013 (Administrative Record No.
TX–703).
To implement this decision, we are
amending the Federal regulations at 30
CFR Part 943 that codify decisions
concerning the Texas program. We find
that good cause exists under 5 U.S.C.
553(d)(3) to make this final rule
effective immediately. Section 503(a) of
SMCRA requires that the State’s
program demonstrate that it has the
capability of carrying out the provisions
of the Act and meeting its purposes.
Making this rule effective immediately
will expedite that process. SMCRA
requires consistency of state and Federal
standards.
VI. Procedural Determinations
Executive Order 12630—Taking
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
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Executive Order 12866—Regulatory
Planning and Review
This rule is exempt from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
Section 3 of Executive Order 12988 and
has determined that this rule meets the
applicable standards of Subsections (a)
and (b) of that Section. However, these
standards are not applicable to the
actual language of state regulatory
programs and program amendments,
because each program is drafted and
promulgated by a specific state, not by
OSMRE. Under sections 503 and 505 of
SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10),
decisions on proposed state regulatory
programs and program amendments
submitted by the states must be based
solely on a determination of whether the
submittal is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
30 CFR Parts 730, 731, and 732 have
been met.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
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roles of the Federal and state
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that state laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA, and Section 503(a)(7) requires
that state programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
The basis for this determination is that
our decision is on a State regulatory
program and does not involve Federal
regulations involving Indian lands.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211, which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because Section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of Section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
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45685
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, state, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on state, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Rules and Regulations
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface
mining.
Dated: May 28, 2014.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
PART 943—TEXAS
§ 943.15 Approval of Texas regulatory
program amendments.
1. The authority citation for Part 943
continues to read as follows:
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2. Section 943.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
Original amendment
submission date
Date of final publication
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December 19, 2013 ......................................................
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August 6, 2014 .............................................................
[FR Doc. 2014–18643 Filed 8–5–14; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0722]
Safety Zones; Recurring Events in
Captain of the Port Duluth Zone—
Superior Man Triathlon
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
its safety zone for the Superior Man
Triathlon in Duluth, MN from 6 a.m.
through 9 a.m. on August 24, 2014. This
action is necessary to protect
participants during the swimming
portion of the Superior Man Triathlon.
During the enforcement period, entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth or his designated on-scene
representative.
DATES: The regulations in 33 CFR
165.943(b) will be enforced from 6 a.m.
through 9 a.m. on August 24, 2014, for
the Superior Man Triathlon safety zone,
§ 165.943(a)(8).
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email LT Judson Coleman, Chief
of Waterways Management, Coast
Guard; telephone (218) 725–3818, email
Judson.A.Coleman@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone for
the annual Superior Man Triathlon in
33 CFR 165.943(a)(8) from 6 a.m.
through 9 a.m. on August 24, 2014 on
all waters of the Duluth Harbor Basin,
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*
Authority: 30 U.S.C. 1201 et seq.
For the reasons set out in the
preamble, 30 CFR Part 943 is amended
as set forth below:
SUMMARY:
*
Northern Section, including the Duluth
Entry encompassed in an imaginary line
beginning at point 46°46′36.12″ N
092°06′06.99″ W, running southeast to
46°46′32.75″ N 092°06′01.74″ W,
running northeast to 46°46′45.92″ N
092°05′45.18″ W, running northwest to
46°46′49.47″ N 092°05′49.35″ W and
finally running southwest back to the
starting point.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Duluth or his designated on-scene
representative. The Captain of the Port’s
designated on-scene representative may
be contacted via VHF Channel 16.
This document is issued under
authority of 33 CFR 165.943 and 5
U.S.C. 552(a). In addition to this
publication in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
the enforcement of this safety zone via
Broadcast Notice to Mariners. The
Captain of the Port Duluth or his onscene representative may be contacted
via VHF Channel 16.
Dated: July 21, 2014.
A.H. Moore, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2014–18601 Filed 8–5–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0635]
Safety Zone; Gay Games 9 Open Water
Swim, Lake Erie, Edgewater Park,
Cleveland, OH
AGENCY:
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Citation/Description
ACTION:
*
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16 TAC 12.108(b)(1)–(3).
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Edgewater Park, Cleveland,
OH, for an open water swim event. This
temporary safety zone is necessary to
protect swimmers from vessels
operating in the area. This safety zone
will restrict vessels from a portion of
Lake Erie during the Gay Games 9 Open
Water swimming event.
DATES: This temporary final rule is
effective from 8 a.m. until 1 p.m. on
August 10, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0635]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LTJG Amanda Cost, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Rules and Regulations]
[Pages 45683-45686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18643]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS No. TX-066-FOR; Docket ID: OSM-2014-0001;
S1D1SSS08011000SX066A00067F144S180110;
S2D2SSS08011000SX066A00033F14XS501520]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Texas regulatory program
(Texas program) under the Surface Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Texas proposed revisions to its regulations
regarding annual permit fees. Texas revised its program at its own
initiative to raise revenues sufficient to cover its anticipated share
of costs to administer the coal regulatory program and to encourage
mining companies to more quickly reclaim lands and request bond
[[Page 45684]]
release, thereby fulfilling SMCRA's purpose of assuring the reclamation
of mined land as quickly as possible.
DATES: Effective August 6, 2014.
FOR FURTHER INFORMATION CONTACT: Elaine Ramsey, Director, Tulsa Field
Office. Telephone: (918) 581-6430. Email: eramsey@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations
I. Background on the Texas Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``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, in the February 27, 1980, Federal Register (45 FR 13008).
You can find later actions on the Texas program at 30 CFR 943.10,
943.15, and 943.16.
II. Submission of the Amendment
By letter dated December 19, 2013 (Administrative Record No. TX-
703), and on their own initiative, Texas sent us an amendment to its
program under SMCRA (30 U.S.C. 1201 et seq.). We announced receipt of
the proposed amendment in the March 10, 2014, Federal Register (79 FR
13264). In the same document, we opened the public comment period and
provided an opportunity for a public hearing or meeting on the adequacy
of the amendment. We did not hold a public hearing or meeting, because
no one requested one. The public comment period ended on April 10,
2014. We did not receive any public comments.
III. OSMRE's Findings
The following are the findings we made concerning the amendment
under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We
are approving the amendment as described below.
16 Texas Administrative Code (TAC) Section 12.108 Permit Fees
Texas proposed to revise its regulations at 16 TAC Sections
12.108(b)(1)-(3), adjusting the annual coal mining permit fees for
calendar years 2013 and 2014. Fees for mining activities during
calendar year 2013 must be paid by coal mine operations by March 15,
2014, which is in Texas' 2014 fiscal year. Similarly, fees for mining
activities during calendar year 2014 are due by March 15, 2015, which
is in Texas' 2015 fiscal year.
By this amendment, Texas is:
(1) Decreasing the current fee in paragraph (b)(1) from $154.00 to
$84.00 for each acre of land within the permit area on which coal or
lignite was actually removed during the calendar year;
(2) Increasing the current fee in paragraph (b)(2) from $10.40 to
$12.00 for each acre of land within a permit area covered by a
reclamation bond on December 31st of the year; and
(3) Decreasing the current fee in paragraph (b)(3) from $6,900.00
to $6,540.00 for each permit in effect on December 31st of the year.
The Federal regulations at 30 CFR 777.17 provide that applications
for surface coal mining permits must be accompanied by a fee determined
by the regulatory authority. The Federal regulations also provide that
the fees may be less than, but not more than, the actual or anticipated
cost of reviewing, administering, and enforcing the permit.
Texas' amendment describes how its coal mining regulatory program
is funded. Texas operates on a biennial budget which appropriates
general revenue funds for permitting and inspecting coal mining
facilities within the State. This appropriation is contingent on the
Railroad Commission of Texas (Commission) assessing fees sufficient to
generate revenue to recover the general revenue appropriation. When
calculating anticipated costs to the Commission for regulating coal
mining activity, Texas anticipates OSMRE will provide some grant
funding for regulatory program costs based on Section 705(a) of SMCRA.
Texas has estimated that annual fees at the revised amounts in this
amendment will result in revenue that, when coupled with permit
application fees, is expected to provide for more than 50 percent of
the anticipated regulatory program costs during each year of the
biennium. OSMRE agrees that this is a reasonable expectation in light
of the Administration's proposed fiscal year 2015 budget which reduces
overall funding to states and may result in them receiving less than
fifty percent of their anticipated regulatory program costs.
Texas adjusts its fees biennially to recover the amounts expended
from state appropriations in accordance with a formula and schedule
agreed to in 2005 by the coal mining industry and the Commission. This
amendment represents the fifth adjustment to surface mining fees based
upon that agreement.
We find that Texas' fee changes are consistent with the
discretionary authority provided by the Federal regulation at 30 CFR
777.17. Therefore, OSMRE approves Texas' proposed permit fees,
recognizing that Texas has a process to adjust its fees to cover the
cost of its regulatory program not covered by the Federal grant.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
On January 9, 2014, pursuant to 30 CFR 732.17(h)(11)(i) and Section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Texas
program (Administrative Record No. TX-703.01). We did not receive any
comments.
Environmental Protection Agency (EPA) Concurrence and Comment
Under 30 CFR 732.17(h)(11)(ii), we are required to get written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions that Texas proposed to make
in this amendment pertain to air or water quality standards. Therefore,
we did not ask EPA to concur on the amendment. However, on January 9,
2014, under 30 CFR 732.17(h)(11)(i), we requested comments from the EPA
on the amendment (Administrative Record No. TX-703.1). The EPA did not
respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On January 9, 2014, we requested comments on Texas'
[[Page 45685]]
amendment (Administrative Record No. TX-703.01), but neither the SHPO
nor ACHP responded to our request.
V. OSMRE's Decision
Based on the above findings, we approve the amendment Texas
submitted to the OSMRE on December 19, 2013 (Administrative Record No.
TX-703).
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 943 that codify decisions concerning the Texas program.
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this
final rule effective immediately. Section 503(a) of SMCRA requires that
the State's program demonstrate that it has the capability of carrying
out the provisions of the Act and meeting its purposes. Making this
rule effective immediately will expedite that process. SMCRA requires
consistency of state and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Taking
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempt from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by Section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of Subsections (a) and (b) of that
Section. However, these standards are not applicable to the actual
language of state regulatory programs and program amendments, because
each program is drafted and promulgated by a specific state, not by
OSMRE. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255)
and the Federal regulations at 30 CFR 730.11, 732.15, and
732.17(h)(10), decisions on proposed state regulatory programs and
program amendments submitted by the states must be based solely on a
determination of whether the submittal is consistent with SMCRA and its
implementing Federal regulations and whether the other requirements of
30 CFR Parts 730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and state governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that state
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and Section 503(a)(7)
requires that state programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
The basis for this determination is that our decision is on a State
regulatory program and does not involve Federal regulations involving
Indian lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211, which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of Section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal, which is the subject of this rule, is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, state, or local government agencies, or geographic
regions; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on state, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
[[Page 45686]]
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining.
Dated: May 28, 2014.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR Part 943 is amended
as set forth below:
PART 943--TEXAS
0
1. The authority citation for Part 943 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 943.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 943.15 Approval of Texas regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Date of final
Original amendment submission date publication Citation/Description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
December 19, 2013.................... August 6, 2014.......... 16 TAC 12.108(b)(1)-(3).
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[FR Doc. 2014-18643 Filed 8-5-14; 8:45 am]
BILLING CODE 4310-05-P
