44012 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules 

89 44 U.S.C. 3507(d). 

90The 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. 

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: 

§ 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 

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). 

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 

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 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules 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 http://

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: 

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; 

(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 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. 


sradovich on DSK3GMQ082PROD with PROPOSALS
44014 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. 

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 

DEPARTMENT OF DEFENSE 

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 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: 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. 

DATES: For the proposed rule published 

on June 29, 2018 (83 FR 30646), submit 

comments by October 28, 2018. 

ADDRESSES: Submit comments 

identified by DFARS Case 2017–D010, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

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 http://

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). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Barbara J. Trujillo, telephone 571–372– 

6102. 

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 


sradovich on DSK3GMQ082PROD with PROPOSALS