Texas Regulatory Program, 44012-44014 [2018-18705]
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44012
Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules
analysis respecting the effect of these
proposed rules on ECPs.
Accordingly, this proposed rule will
not have a significant economic effect of
any small entity. Therefore, the
Chairman, on behalf of the Commission,
hereby certifies pursuant to 5 U.S.C.
605(b) that the proposed regulations
will not have a significant economic
impact on a substantial number of small
entities.
B. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) 89 imposes certain requirements
on Federal agencies, including the
Commission, in connection with their
conducting or sponsoring any collection
of information, as defined by the PRA.
This proposed rulemaking would not
result in a new collection of information
from these entities within the meaning
of the PRA.90
List of Subjects in 17 CFR Part 50
Business and industry; Swaps.
For the reasons set for in the
preamble, the Commodity Futures
Trading Commission proposes to amend
part 50 of title 17 of the Code of Federal
Regulations as follows:
PART 50—CLEARING REQUIREMENT
AND RELATED RULES
1. The authority citation for part 50 is
revised to read as follows:
■
Authority: 7 U.S.C. 2(h), 6(c), and 7a–1 as
amended by Pub. L. 111–203, 124 Stat. 1376.
2. In § 50.5,
a. Redesignate paragraphs (a) and (b)
as paragraphs (b) and (c);
■ b. Add new paragraph (a);
■ c. Add and reserve paragraph (d); and
■ d. Add paragraphs (e) and (f).
The additions read as follows:
■
■
sradovich on DSK3GMQ082PROD with PROPOSALS
§ 50.5 Swaps exempt from a clearing
requirement.
(a) Definitions. For the purposes of
§ 50.5:
Bank holding company means an
entity that is organized as a bank
holding company, as defined in section
2 of the Bank Holding Company Act of
1956;
Community development financial
institution means a community
development financial institution, as
defined in section 103(5) of the
Community Development Banking and
Financial Institutions Act of 1994, and
89 44
U.S.C. 3507(d).
applicable collections of information are
‘‘Regulations 45.2. 45.3, and 45.4—Swap Data
Recordkeeping and Reporting Requirement,’’ OMB
control number 3038–0086; ‘‘Rule 50.50 End-User
Notification of Non-Cleared Swaps,’’ OMB control
number 3038–0085.
90 The
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is certified by the U.S. Department of
the Treasury’s Community Development
Financial Institution Fund as meeting
the requirements set forth in 12 CFR
1805.201(b);
Savings and loan holding company
means an entity that is organized as a
savings and loan holding company, as
defined in section 10 of the Home
Owners’ Loan Act of 1933.
*
*
*
*
*
(d) [Reserved]
(e) Swaps entered into by a bank
holding company or savings and loan
holding company shall be exempt from
the clearing requirement under § 50.2,
provided that:
(1) The bank holding company or
savings and loan holding company has
aggregated assets, including the assets of
all its subsidiaries, that do not exceed
$10,000,000,000 according to the value
of assets of each subsidiary on the last
day of each subsidiary’s most recent
fiscal year;
(2) The bank holding company or
savings and loan holding company
reports the swap to a swap data
repository pursuant to §§ 45.3 and 45.4
of this chapter, and reports all
information described under § 50.50(b)
to a swap data repository; and
(3) The swap is used to hedge or
mitigate commercial risk, as defined
under § 50.50(c).
(f) Swaps entered into by a
community development financial
institution shall be exempt from the
clearing requirement under § 50.2
provided, that:
(1) The community development
financial institution reports the swap to
a swap data repository pursuant to
§§ 45.3 and 45.4 of this chapter, and
reports all information described under
§ 50.50(b) to a swap data repository; and
(2) The swap is a U.S. dollar
denominated interest rate swap in the
fixed-to-floating class or the forward
rate agreement class of swaps that
would otherwise be subject to the
clearing requirement under § 50.2;
(3) The total aggregate notional value
of the interest rate swaps and forward
rate agreements entered into during the
twelve-month calendar year is less than
or equal to $200,000,000;
(4) The swap is one of ten or fewer
swap transactions that the community
development financial institution enters
into within a twelve-month calendar
year; and
(5) The swap is used to hedge or
mitigate commercial risk, as defined
under § 50.50(c).
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Issued in Washington, DC, on August 23,
2018, by the Commission.
Christopher Kirkpatrick,
Secretary of the Commission.
Note: The following appendices will not
appear in the Code of Federal Regulations.
Appendices to Amendments to Clearing
Exemption for Swaps Entered Into by
Certain Bank Holding Companies,
Savings and Loan Holding Companies,
and Community Development Financial
Institutions
Appendix 1—Commission Voting
Summary
On this matter, Chairman Giancarlo and
Commissioners Quintenz and Behnam voted
in the affirmative. No commissioner voted in
the negative.
Appendix 2—Statement of Chairman J.
Christopher Giancarlo
Consistent with the overall goals of Project
KISS, this proposal would codify
Commission policy laid out in the preamble
to the 2012 End-User Exception final rule
and several staff no-action letters. It will also
provide clarity and reduce unnecessary
burdens on bank holding companies and
savings and loan holding companies with
consolidated assets of $10 billion or less, and
certain community development financial
institutions.
I want to thank Commission staff for their
intelligent work on this proposal. I am
grateful to Commissioners Quintenz and
Behnam and for their thoughtful input and
unanimous support.
[FR Doc. 2018–18618 Filed 8–28–18; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 943
[SATS No. TX–068–FOR; Docket ID: OSM–
2018–0002; S1D1S SS08011000 SX064A000
189S180110; S2D2S SS08011000
SX064A000 18XS501520]
Texas Regulatory Program
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
(OSMRE), are announcing receipt of a
proposed amendment to the Texas
regulatory program (Texas program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Texas proposes revisions to its
regulations regarding annual permit fees
SUMMARY:
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sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules
for calendar years 2017 and 2018. Texas
also proposes to remove a restriction in
its rules that conflicts with the United
States Bankruptcy Code.
This document gives the times and
locations where the Texas program
documents and this proposed
amendment to that program are
available for your inspection,
establishes the comment period during
which you may submit written
comments on the amendment, and
describes the procedures that we will
follow for the public hearing, if one is
requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., CST, September 28, 2018. If
requested, we will hold a public hearing
on the amendment on September 24,
2018. We will accept requests to speak
at a hearing until 4:00 p.m., CST on
September 13, 2018.
ADDRESSES: You may submit comments,
identified by SATS No. TX–068–FOR,
by any of the following methods:
• Mail/Hand Delivery: William
Joseph, Director, Tulsa Field Office,
Office of Surface Mining Reclamation
and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma
74128–4629.
• Fax: (918) 581–6419.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID OSM–2018–0002. If you would like
to submit comments go to 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 OSMRE’s Tulsa Field Office,
or the full text of the program
amendment is available for you to
review at www.regulations.gov.
William Joseph, Director, Tulsa Field
Office, Office of Surface Mining
Reclamation and Enforcement, 1645
South 101st East Avenue, Suite 145,
Tulsa, Oklahoma 74128–4629,
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16:34 Aug 28, 2018
Jkt 244001
Telephone: (918) 581–6430, Email:
bjoseph@osmre.gov
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Surface Mining and Reclamation
Division, Railroad Commission of
Texas, 1701 North Congress Avenue,
P.O. Box 12967, Austin, Texas 78711–
2967, Telephone: (512) 463–6900
FOR FURTHER INFORMATION CONTACT:
William Joseph, Director, Tulsa Field
Office. Telephone: (918) 581–6430,
email: bjoseph@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Texas Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. See 30
U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the
Interior conditionally approved the
Texas program effective February 16,
1980. You can find background
information on the Texas program,
including the Secretary’s findings, the
disposition of comments, and the
conditions of approval of the Texas
program in the February 27, 1980,
Federal Register (45 FR 12998). You can
also find later actions concerning the
Texas program and program
amendments at 30 CFR 943.10, 943.15,
and 943.16.
II. Description of the Proposed
Amendment
By letter dated February 7, 2018
(Administrative Record No. TX–706),
Texas sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. Below is a
summary of the changes proposed by
Texas. The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES.
§ 12.108. Permit Fees.
Texas proposes to revise its regulation
at 16 Texas Administrative Code (TAC)
section 12.108(b) regarding annual
permit fees by:
(1) Amending the calendar years
specified in paragraph (b) to calendar
year 2017 and 2018;
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44013
(2) Decreasing the amount of the fee,
from $13.05 to $12.85, for each acre of
land within a permit area covered by a
reclamation bond on December 31st of
the year; and
(3) Decreasing the amount of the fee,
from $6,600 to $6,170, for each permit
in effect on December 31st of the year.
Texas fully funds its share of costs to
regulate the coal mining industry with
fees paid by the coal industry. To meet
these costs, Texas charges a permit
application fee and two annual fees, as
mentioned above. The proposed fee
revisions are intended to provide
adequate funding to pay the State’s cost
of operating its regulatory program, and
provide incentives for industry to
accomplish reclamation and achieve
bond release as quickly as possible.
§ 12.309. Terms and Conditions of the
Bond.
Texas proposes to revise its regulation
at 16 Texas Administrative Code (TAC)
section 12.309(j)(2)(B) by:
(1) Removing the condition that selfbond applicants not have been subject
to bankruptcy proceedings during the 5year period immediately preceding the
date of application.
Texas proposes this revision to
conform with the United States
Bankruptcy Code at 11 U.S.C. 525(a)
and 30 CFR 800.23(b)(2).
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the State program.
Electronic or Written Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final program will be those that
either involve personal experience or
include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent State or Federal laws or
regulations, technical literature, or other
relevant publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., CST on September 13, 2018.
If you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
sradovich on DSK3GMQ082PROD with PROPOSALS
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review
Pursuant to Office of Management and
Budget (OMB) Guidance and dated
October 12, 1993, the approval of state
program amendments is exempted from
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16:34 Aug 28, 2018
Jkt 244001
OMB review under Executive Order
12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 14, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
[FR Doc. 2018–18705 Filed 8–28–18; 8:45 am]
BILLING CODE 4310–05–P
Defense Acquisition Regulations
System
48 CFR Parts 212, 219, and 252
[Docket DARS–2018–0035]
RIN 0750–AJ21
Defense Federal Acquisition
Regulation Supplement: Inapplicability
of Certain Laws and Regulations to
Commercial Items (DFARS Case 2017–
D010); Reopening of Comment Period
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement sections of the National
Defense Authorization Act for Fiscal
Year 2017 that addresses the
inapplicability of certain laws and
regulations to the acquisition of
commercial items, including
commercially available off-the-shelf
items. The comment period on the
proposed rule is reopened for 60 days.
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Submit comments
identified by DFARS Case 2017–D010,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2017–D010.’’ Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2017–D010’’ on any attached
documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2017–D010 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Barbara J.
Trujillo, OUSD(D&S)DPC/DARS, Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
ADDRESSES:
Ms.
Barbara J. Trujillo, telephone 571–372–
6102.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF DEFENSE
SUMMARY:
For the proposed rule published
on June 29, 2018 (83 FR 30646), submit
comments by October 28, 2018.
DATES:
SUPPLEMENTARY INFORMATION:
I. Background
On June 29, 2018, DoD published a
proposed rule in the Federal Register at
83 FR 30646 to implement the
requirement of section 874 of the
National Defense Authorization Act for
Fiscal Year 2017 (Pub. L. 114–328).
Section 874 requires DoD to address the
inapplicability of certain laws and
regulations to the acquisition of
commercial items, including
commercially available off-the-shelf
items.
The comment period for the proposed
rule is reopened 60 days, from August
28, 2018, to October 28, 2018, to provide
additional time for interested parties to
comment on the proposed DFARS
changes.
48 CFR Parts 212, 219, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2018–18616 Filed 8–28–18; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Proposed Rules]
[Pages 44012-44014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18705]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS No. TX-068-FOR; Docket ID: OSM-2018-0002; S1D1S SS08011000
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Texas
regulatory program (Texas program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to
its regulations regarding annual permit fees
[[Page 44013]]
for calendar years 2017 and 2018. Texas also proposes to remove a
restriction in its rules that conflicts with the United States
Bankruptcy Code.
This document gives the times and locations where the Texas program
documents and this proposed amendment to that program are available for
your inspection, establishes the comment period during which you may
submit written comments on the amendment, and describes the procedures
that we will follow for the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., CST, September 28, 2018. If requested, we will hold a public
hearing on the amendment on September 24, 2018. We will accept requests
to speak at a hearing until 4:00 p.m., CST on September 13, 2018.
ADDRESSES: You may submit comments, identified by SATS No. TX-068-FOR,
by any of the following methods:
Mail/Hand Delivery: William Joseph, Director, Tulsa Field
Office, Office of Surface Mining Reclamation and Enforcement, 1645
South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
Fax: (918) 581-6419.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID OSM-2018-0002. If you would like to submit comments
go to 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 OSMRE's Tulsa Field Office, or the
full text of the program amendment is available for you to review at
www.regulations.gov.
William Joseph, Director, Tulsa Field Office, Office of Surface Mining
Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145,
Tulsa, Oklahoma 74128-4629, Telephone: (918) 581-6430, Email:
[email protected]
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Surface Mining and Reclamation Division, Railroad Commission of Texas,
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas 78711-2967,
Telephone: (512) 463-6900
FOR FURTHER INFORMATION CONTACT: William Joseph, Director, Tulsa Field
Office. Telephone: (918) 581-6430, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Texas Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, State laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the
Secretary of the Interior conditionally approved the Texas program
effective February 16, 1980. You can find background information on the
Texas program, including the Secretary's findings, the disposition of
comments, and the conditions of approval of the Texas program in the
February 27, 1980, Federal Register (45 FR 12998). You can also find
later actions concerning the Texas program and program amendments at 30
CFR 943.10, 943.15, and 943.16.
II. Description of the Proposed Amendment
By letter dated February 7, 2018 (Administrative Record No. TX-
706), Texas sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.) at its own initiative. Below is a summary of the changes
proposed by Texas. The full text of the program amendment is available
for you to read at the locations listed above under ADDRESSES.
Sec. 12.108. Permit Fees.
Texas proposes to revise its regulation at 16 Texas Administrative
Code (TAC) section 12.108(b) regarding annual permit fees by:
(1) Amending the calendar years specified in paragraph (b) to
calendar year 2017 and 2018;
(2) Decreasing the amount of the fee, from $13.05 to $12.85, for
each acre of land within a permit area covered by a reclamation bond on
December 31st of the year; and
(3) Decreasing the amount of the fee, from $6,600 to $6,170, for
each permit in effect on December 31st of the year.
Texas fully funds its share of costs to regulate the coal mining
industry with fees paid by the coal industry. To meet these costs,
Texas charges a permit application fee and two annual fees, as
mentioned above. The proposed fee revisions are intended to provide
adequate funding to pay the State's cost of operating its regulatory
program, and provide incentives for industry to accomplish reclamation
and achieve bond release as quickly as possible.
Sec. 12.309. Terms and Conditions of the Bond.
Texas proposes to revise its regulation at 16 Texas Administrative
Code (TAC) section 12.309(j)(2)(B) by:
(1) Removing the condition that self-bond applicants not have been
subject to bankruptcy proceedings during the 5-year period immediately
preceding the date of application.
Texas proposes this revision to conform with the United States
Bankruptcy Code at 11 U.S.C. 525(a) and 30 CFR 800.23(b)(2).
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
program will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
[[Page 44014]]
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., CST on
September 13, 2018. If you are disabled and need reasonable
accommodations to attend a public hearing, contact the person listed
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and
time of the hearing with those persons requesting the hearing. If no
one requests an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
Pursuant to Office of Management and Budget (OMB) Guidance and
dated October 12, 1993, the approval of state program amendments is
exempted from OMB review under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 14, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
[FR Doc. 2018-18705 Filed 8-28-18; 8:45 am]
BILLING CODE 4310-05-P
