This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25865 

Vol. 77, No. 85 

Wednesday, May 2, 2012 

DEPARTMENT OF STATE 

22 CFR Parts 123 and 126 

[Public Notice 7865] 

RIN 1400–AC71 

Amendment to the International Traffic 

in Arms Regulations: Exemption for 

Temporary Export of Chemical Agent 

Protective Gear 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to add an 

exemption for the temporary export of 

chemical agent protective gear for 

personal use. The exemption for body 

armor is amended to also cover helmets 

when they are included with the body 

armor. An exemption for firearms and 

ammunition is clarified by removing 

certain extraneous language that does 

not change the meaning of the 

exemption, and by standardizing the 

language among the exemptions in this 

section of the regulations. The 

registration requirement as it relates to 

certain exemptions is clarified. And an 

error in the authorities for part 126 of 

the ITAR is corrected. 

DATES: Effective Date: This rule is 

effective June 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Acting Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, ITAR Section 

123.17. 

SUPPLEMENTARY INFORMATION: In August 

2009, the Department of State amended 

the ITAR to provide an exemption for 

the temporary export of body armor 

covered by 22 CFR 121.1, Category 

X(a)(1). Now, the Department is 

amending the ITAR to add an 

exemption for the temporary export of 

chemical agent protective gear covered 

by 22 CFR 121.1, Category XIV(f)(4). The 

exemption is available for U.S. persons 

for temporary exports to countries not 

subject to restrictions under ITAR 

§ 126.1, and to countries subject to 

restrictions under ITAR § 126.1 under 

specified conditions. In order to use the 

exemption, the chemical agent 

protective gear must be for the U.S. 

person’s exclusive use and must be 

returned to the United States. The U.S. 

person may not reexport the protective 

gear to a foreign person or otherwise 

transfer ownership. The protective gear 

may not be exported to any country 

where the importation would be in 

violation of that country’s laws. 

New § 123.17(j) specifies that if the 

chemical agent protective gear is not 

returned to the United States with the 

individual that temporarily exported the 

gear, a detailed report of the incident 

must be submitted to the Office of 

Defense Trade Controls Compliance in 

accordance with the requirements of 

ITAR § 127.12(c)(2). If the chemical 

agent protective gear is lost or stolen, 

the report should describe all attempts 

to locate the gear and explain the 

circumstances leading to its loss or 

theft. In the event the chemical agent 

protective gear is used and disposed of 

according to HAZMAT guidelines, the 

report should provide a disposal date 

and location details for the approved 

HAZMAT facility used, along with a 

receipt for disposal services. If a 

HAZMAT facility is not available, the 

report should describe the date, 

location, and method used to dispose of 

the protective gear. In the proposed rule, 

this disclosure provision was covered in 

paragraph (f) and applied only to the 

body armor and chemical agent 

protective gear provisions. In this final 

rule, we specify that, in addition to 

applying to the body armor and 

chemical agent protective gear 

exemptions, it also applies to the 

firearms exemption covered in 

paragraph (c). 

The change removes the requirement 

that assistance to the government of Iraq 

be ‘‘humanitarian’’ to more accurately 

match the language of United Nations 

Security Council restrictions, which do 

not limit assistance to humanitarian 

assistance. 

New § 123.17(k) clarifies that 

individuals who are U.S. persons 

seeking to use the exemptions of 

§ 123.17 are not required to be registered 

with the Department of State (the 

registration requirement is described in 

ITAR part 122). 

Section (c)(3) is revised to remove 

what is in practice extraneous language. 

Subject to the requirements of (c)(1)–(3), 

the exemption applies to all eligible 

individuals (with the noted exceptions). 

Thus, while the text is revised, the 

meaning of (c)(3) is not changed. 

The authority citation for ITAR part 

126 is corrected to include sections 

7045 and 7046 of Public Law 112–74. 

This rule was first published as a 

proposed rule on March 23, 2011, 

soliciting public comment. The 

comment period ended May 23, 2011. 

Seven parties filed comments 

recommending changes. The 

Department’s evaluation of the written 

comments and recommendations 

follows: 

Three commenting parties requested 

the elimination of the requirement for a 

U.S. Customs and Border Protection 

(CBP) inspection before export, citing 

logistical difficulties in certain instances 

(for example, departing on a U.S. 

military airplane from a U.S. military 

base). According to law and regulations, 

persons who claim this exemption must 

submit the articles for CBP inspection at 

departure, regardless of the type of 

aircraft used for departure from the 

United States. Therefore, the 

Department did not accept this 

recommendation. 

Three commenting parties requested 

clarification of the phrase, ‘‘affiliated 

with the U.S. Government,’’ or 

recommended it be replaced with 

‘‘travelling in support of a U.S. 

Government contract.’’ Because the first 

phrase includes those employed by the 

U.S. Government, and is meant to 

include those who are described by the 

second phrase, the Department has kept 

the first phrase and amended the 

regulation to include the second phrase. 

Two commenting parties 

recommended the option of separate 

shipment or mailing of armor or gear 

exported using this exemption, stating 

that carrying the armor or gear is 

burdensome. We acknowledge that 

carrying the armor or gear may present 

certain logistical difficulties, but 

because this exemption is intentionally 

of limited scope, we are not prepared to 

authorize separate shipment or mailing 


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25866 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations 

as a mean of export at this time. 

Therefore, the Department did not 

accept this recommendation. 

Two commenting parties inquired 

into what type of documentation may be 

used to satisfy the exemption 

requirements for Iraq. As the rule is 

written, various forms of documentation 

may be presented to fulfill the 

exemption requirements, including the 

examples proffered by the commenting 

parties (contract with or letter from the 

U.S. Government). 

One commenting party recommended 

including specific mention of the C2 

canister as covered by the chemical 

agent protective gear exemption. Upon 

reflection, the Department determined 

that the exemption would be more 

useful if it provided for coverage of a 

spare filter canister (of which the C2 

canister is one variant). Therefore, the 

Department in effect accepted this 

recommendation, although it opted for 

use of the more generic term of ‘‘filter 

canister’’ rather than ‘‘C2 canister.’’ 

One commenting party recommended 

the removal of the requirement to 

submit a report to the Office of Defense 

Trade Controls Compliance in 

accordance with the requirements of 

§ 127.12(c)(2) should the person 

temporarily exporting under this 

exemption not be able to return the 

exported items. The commenting party 

said it would be ‘‘wrong’’ to treat as a 

violation an instance where the 

impediment to return was the actual 

intended use and destruction of the 

body armor or chemical agent protective 

gear. The Department notes when an 

item authorized only for temporary 

export is not returned to the United 

States, by definition it is a violation. 

Section 127.12(c)(2) is the means by 

which such a violation is reported to the 

Department. The Department did not 

accept this recommendation. 

One commenting party recommended 

broadening this exemption for use by 

U.S. persons, as defined at ITAR 

§ 120.14. The Department clarifies that 

the exemption is for use by U.S. 

persons, as defined at ITAR § 120.14. 

One commenting party recommended 

the removal of the requirement to file 

the export declaration through the 

Automated Export System (AES), with 

the explanation that AES is not 

available for individual use. The 

Department verified that AES is 

available for individual use. Therefore, 

the Department did not accept this 

recommendation. 

One commenting party recommended 

expanding the exemption to allow a 

U.S. person to export and distribute to 

employees the items covered by the 

exemption. While a company within the 

definition of ‘‘U.S. person’’ may claim 

the exemption for his employees, the 

individual employees must export the 

items and these items must be with the 

individual’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed). 

One commenting party recommended 

allowing the use of this exemption for 

temporary export to proscribed 

destinations listed in ITAR § 126.1, 

when the person using the exemption is 

travelling on official business in support 

of a U.S. government contract. The 

Department agreed with the rationale 

that this modification to the proposed 

rule would ‘‘allow for the timely 

support of U.S. Government contracts in 

hazardous areas of foreign countries 

where such protective gear is required 

for personal safety.’’ Therefore, the 

Department accepted this 

recommendation. 

One commenting party recommended 

eliminating the requirement in 

paragraph (f)(3) for the individual to 

declare to CBP his intention of returning 

the articles upon each return to the 

United States, stating that it is common 

practice for persons to safely store their 

gear overseas when returning home for 

short visits. The Department accepted 

this recommendation, and has revised 

paragraph (f)(3) to require the person to 

declare that it is his intention to return 

the articles ‘‘at the end of tour, contract, 

or assignment for which the articles 

were temporarily exported.’’ 

One commenting party recommended 

providing the option of depositing the 

body armor or chemical agent protective 

gear with a U.S. Government depot and 

receiving a receipt in lieu of physical 

return of the articles to the United 

States, and another commenting party 

inquired whether this was permissible 

under the exemption. In order to avoid 

the requirement of obtaining a license 

from the Department for the export, the 

articles temporarily exported under this 

exemption must be physically returned 

to the United States. Therefore, the 

Department did not accept this 

recommendation. 

One commenting party recommended 

including helmets in the body armor 

exemption, noting that helmets are 

frequently added to a suit of armor, and 

that it ‘‘makes good sense’’ to include in 

the same exemption that covers items 

that protect a person’s body an item that 

protects a person’s head. The 

Department agreed with this 

recommendation, and has added 

helmets covered by 22 CFR 121.1, 

Category X(a)(6) to the exemption for 

the temporary export of body armor, 

when the helmet is included with the 

body armor. The exemption is not 

available for the helmet alone. 

Having thoroughly reviewed and 

evaluated the comments and the 

recommended changes, the Department 

has determined that it will, and hereby 

does, adopt the proposed rule, with 

changes noted and other edits, and 

promulgates it as a final rule. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act. Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

published this rule with a 60-day 

provision for public comment and 

without prejudice to its determination 

that restricting defense article exports is 

a foreign affairs function. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

rulemaking provisions of 5 U.S.C. 553, 

it does not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This amendment does not involve a 

mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175 

The Department has determined that 

this rule will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to his rule. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This amendment has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 


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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations 25867 

Executive Orders 12372 and 13132 

This amendment will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

this amendment in light of sections 3(a) 

and 3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. chapter 35. 

List of Subjects in 22 CFR Parts 123 and 

126 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 123 and 126 are amended as 

follows: 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

■ 1. The authority citation for part 123 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p.79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec. 1205(a), Pub. L. 107–228. 

■ 2. Section 123.17 is amended by 

revising the section heading, and 

paragraphs (c), (f), and (g), and adding 

paragraphs (h) through (k), to read as 

follows: 

§ 123.17 Exports of firearms, ammunition, 

and personal protective gear. 

* * * * * 

(c) Port Directors of U.S. Customs and 

Border Protection (CBP) shall permit 

U.S. persons to export temporarily from 

the United States without a license not 

more than three nonautomatic firearms 

in Category I(a) of § 121.1 of this 

subchapter and not more than 1,000 

cartridges therefor, provided that: 

(1) The person declares the articles to 

a CBP officer upon each departure from 

the United States, presents the Internal 

Transaction Number from submission of 

the Electronic Export Information in the 

Automated Export System per § 123.22 

of this subchapter, and the articles are 

presented to the CBP officer for 

inspection; 

(2) The firearms and accompanying 

ammunition to be exported is with the 

individual’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); and 

(3) The firearms and accompanying 

ammunition must be for that person’s 

exclusive use and not for reexport or 

other transfer of ownership. The person 

must declare that it is his intention to 

return the article(s) on each return to the 

United States. The foregoing exemption 

is not applicable to the personnel 

referred to in § 123.18 of this 

subchapter. 

* * * * * 

(f) Port Directors of U.S. Customs and 

Border Protection (CBP) shall permit 

U.S. persons to export temporarily from 

the United States without a license one 

set of body armor covered by U.S. 

Munitions List Category X(a)(1), which 

may include one helmet covered by U.S. 

Munitions List Category X(a)(6), or one 

set of chemical agent protective gear 

covered by U.S. Munitions List Category 

XIV(f)(4), which may include one 

additional filter canister, provided: 

(1) The person declares the articles to 

a CBP officer upon each departure from 

the United States, presents the Internal 

Transaction Number from submission of 

the Electronic Export Information in the 

Automated Export System (AES) per 

§ 123.22 of this subchapter, and the 

articles are presented to the CBP officer 

for inspection; 

(2) The body armor, which may 

include a helmet, or chemical agent 

protective gear, which may include one 

additional filter canister, to be exported 

is with the individual’s baggage or 

effects, whether accompanied or 

unaccompanied (but not mailed); and 

(3) The body armor, which may 

include a helmet, or chemical agent 

protective gear, which may include one 

additional filter canister, to be exported 

is for that person’s exclusive use and 

not for reexport or other transfer of 

ownership. The person must declare it 

is his intention to return the article(s) to 

the United States at the end of tour, 

contract, or assignment for which the 

articles were temporarily exported. 

(g) The license exemption set forth in 

paragraph (f) of this section is available 

for the temporary export of body armor 

or chemical agent protective gear for 

personal use to countries listed in 

§ 126.1 of this subchapter provided: 

(1) The conditions in paragraph (f) of 

this section are met; and 

(2) The person is affiliated with the 

U.S. Government traveling on official 

business or is traveling in support of a 

U.S. Government contract. The person 

shall present documentation to this 

effect, along with the Internal 

Transaction Number for the AES 

submission, to the CBP officer. 

(h) The license exemption set forth in 

paragraph (f) of this section is available 

for the temporary export of body armor, 

which may include a helmet, or 

chemical agent protective gear, which 

may include one additional filter 

canister, for personal use to Iraq, 

provided the conditions in paragraph 

(f) are met, and the person is either 

affiliated with the U.S. Government 

traveling on official business or is 

traveling in support of a U.S. 

Government contract, or is traveling to 

Iraq under a direct authorization by the 

Government of Iraq and engaging in 

activities for, on behalf of, or at the 

request of, the Government of Iraq. The 

person shall present documentation to 

this effect, along with the Internal 

Transaction Number for the AES 

submission, to the CBP officer. 

Documentation regarding direct 

authorization from the Government of 

Iraq shall include an English translation. 

(i) The license exemption set forth in 

paragraph (f) of this section is available 

for the temporary export of body armor, 

which may include a helmet, or 

chemical agent protective gear, which 

may include one additional filter 

canister, for personal use to 

Afghanistan, provided the conditions in 

paragraph (f) are met. 

(j) If the articles temporarily exported 

pursuant to paragraphs (c) and (f) 


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25868 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Rules and Regulations 

through (i) of this section are not 

returned to the United States, a detailed 

report must be submitted to the Office 

of Defense Trade Controls Compliance 

in accordance with the requirements of 

§ 127.12(c)(2) of this subchapter. 

(k) To use the exemptions in this 

section, individuals are not required to 

be registered with the Department of 

State (the registration requirement is 

described in part 122 of this 

subchapter). All other entities must be 

registered and eligible, as provided in 

§§ 120.1(c) and (d) and part 122 of this 

subchapter. 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 3. The authority citation for part 126 

is revised to read as follows: 

Authority: Secs. 2, 38, 40, 42, and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791, and 2797); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 

28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, 

Pub. L. 108–375; Sec. 7089, Pub. L. 111–117; 

Pub. L. 111–266; Section 7045, Pub. L. 112– 

74; Section 7046, Pub. L. 112–74. 

Dated: April 25, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2012–10599 Filed 5–1–12; 8:45 am] 

BILLING CODE 4710–25–P 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Part 104 

RIN 3142–AA07 

Notification of Employee Rights Under 

the National Labor Relations Act 

AGENCY: National Labor Relations 

Board. 

ACTION: Final rule; Court-ordered delay 

of effective date. 

SUMMARY: On August 30, 2011, the 

National Labor Relations Board (Board) 

published a final rule requiring 

employers subject to the National Labor 

Relations Act (NLRA) to post notices 

informing their employees of their rights 

as employees under the NLRA. (76 FR 

54006, August 30, 2011.) On October 12, 

2011, the Board amended that rule to 

delay the effective date from November 

14, 2011, to January 31, 2012. (76 FR 

63188, October 12, 2011.) The Board 

later further amended the rule to delay 

the effective date from January 31, 2012, 

to April 30, 2012. (76 FR 82133 

December 30, 2011.) On April 17, 2012, 

in light of conflicting decisions at the 

district court level, the D.C. Circuit 

entered an injunction pending appeal 

further delaying the effective date of the 

rule. National Association of 

Manufacturers v. NLRB (12–5068 D.C. 

Cir. April 17, 2012) citing Chamber of 

Commerce v. NLRB (11–02516 D.S.C. 

April 13, 2012) (finding Board lacked 

authority to issue rule). The purpose of 

this notice is to announce that delay in 

the effective date of the rule. 

DATES: The effective date of the final 

rule published at 76 FR 54006, August 

30, 2011, and amended at 76 FR 63188, 

October 12, 2011, and at 76 FR 82133, 

December 30, 2011, is by judicial action 

delayed indefinitely from April 30, 

2012, pending resolution of the legal 

issues raised by the conflicting court 

decisions. 

FOR FURTHER INFORMATION CONTACT: 

Lester A. Heltzer, Executive Secretary, 

National Labor Relations Board, 1099 

14th Street NW., Washington, DC 20570, 

(202) 273–1067 (this is not a toll-free 

number), 1–(866) 315–6572 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: On August 

30, 2011, the National Labor Relations 

Board published a final rule requiring 

employers subject to the National Labor 

Relations Act (NLRA) to post notices 

informing their employees of their rights 

as employees under the NLRA. The 

Board later changed the effective date of 

the rule from November 14, 2011, to 

January 31, 2012, and then to April 30, 

2012. On April 13, 2012, the District 

Court for South Carolina held, contrary 

to the District Court for the District of 

Columbia, that the Board lacked 

authority to issue the rule. On April 17, 

2012, the D.C. Circuit temporarily 

enjoined the rule in light of conflicting 

decisions at the district court level. 

Accordingly, the effective date of the 

rule is delayed until further notice. 

Signed in Washington, DC, on April 26, 

2012. 

Lester A. Heltzer, 

Executive Secretary. 

[FR Doc. 2012–10520 Filed 4–27–12; 4:15 pm] 

BILLING CODE 7545–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 915 

[Docket No. IA–016–FOR; Docket ID OSM– 

2011–0014] 

Iowa Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing our approval of 

a proposed amendment to the Iowa 

regulatory program (Iowa program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Iowa proposed to revise its 

regulatory program by updating its 

adoption by reference of applicable 

portions of 30 CFR part 700 to End from 

the July 1, 2002, version to the July 1, 

2010, version. Additionally, Iowa 

proposed to revise its Program related to 

ownership and control by updating its 

dates and adding new citations. Iowa 

intends to revise its program to be no 

less effective than the corresponding 

Federal regulations. 

DATES: Effective Date: May 2, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Andrew R. Gilmore, Chief, Alton Field 

Division. Telephone: (317) 226–6700. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Iowa Program 

II. Submission of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Iowa 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 Iowa 

program effective April 10, 1981. You 

can find background information on the 

Iowa program, including the Secretary’s 

findings, the disposition of comments, 

and the conditions of approval, in the 

January 21, 1981, Federal Register (46 

FR 5885). You can also find later actions 

concerning the Iowa program and 

program amendments at 30 CFR 915.10, 

915.15, and 915.16. 

II. Submission of the Amendment 

By letter dated August 25, 2011 

(Administrative Record No. IA–451), 

Iowa sent us an amendment to its 

Program under SMCRA (30 U.S.C. 1201 

et seq.). Iowa sent the amendment in 


emcdonald on DSK29S0YB1PROD with RULES