18738 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 

homeownership assistance. In order for 

a tenant-based voucher holder to be 

housed in a PBV unit, the family would 

have to apply to the receiving PHA’s 

PBV program and give up its tenantbased voucher prior to being housed in 

the PBV unit. 

(h) Portability and special purpose 

vouchers. (1) The initial PHA must 

submit the codes used for special 

purpose vouchers on the Form HUD– 

50058, Family Report, and the receiving 

PHA must maintain the codes on the 

Family Report, as long as they choose to 

bill the initial PHA. 

(2) In cases where HUD has 

established alternative program 

requirements for special purpose 

vouchers, such as the HUD–Veterans 

Affairs Supportive Housing (VASH) 

vouchers, both the initial and receiving 

PHAs must administer the vouchers in 

accordance with HUD established 

policy (i.e., the most recent HUD–VASH 

program operating requirements). 

Dated: March 2, 2012. 

Sandra B. Henriquez, 

Assistant Secretary for Public and Indian 

Housing. 

[FR Doc. 2012–7341 Filed 3–27–12; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[SATS No. TX–064–FOR; Docket ID: OSM– 

2012–0005] 

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 

(OSM), are announcing receipt of a 

proposed amendment to the Texas 

regulatory program (Texas program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Texas proposes revisions to its 

regulations regarding annual permit 

fees. Texas intends to revise its program 

to improve operational efficiency. 

This document gives the times and 

locations that the Texas program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., c.d.t., April 27, 2012. If requested, 

we will hold a public hearing on the 

amendment on April 23, 2012. We will 

accept requests to speak at a hearing 

until 4 p.m., c.d.t. on April 12, 2012. 

ADDRESSES: You may submit comments, 

identified by SATS No. TX–064–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: Alfred L. 

Clayborne, Director, Tulsa Field Office, 

Office of Surface Mining Reclamation 

and Enforcement, 1645 South 101st East 

Avenue, Suite 145, Tulsa, Oklahoma 

74128–4629. 

• Fax: (918) 581–6419 

• Federal eRulemaking Portal: 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 OSM’s Tulsa Field Office or 

going to www.regulations.gov. 

Alfred L. Clayborne, Director, Tulsa 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 1645 

South 101st East Avenue, Suite 145, 

Tulsa, Oklahoma 74128–4629, 

Telephone: (918) 581–6430. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Surface Mining and Reclamation 

Division, Railroad Commission of 

Texas, 1701 North Congress Avenue, 

Capitol Station, P.O. Box 12967, Austin, 

Texas 78711–2967, Telephone: (512) 

463–6900. 

FOR FURTHER INFORMATION CONTACT: 

Alfred L. Clayborne, Director, Tulsa 

Field Office. Telephone: (918) 581– 

6430. Email: aclayborne@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Texas Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

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, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Texas 

program effective February 16, 1980. 

You can find background information 

on the Texas program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Texas program in the 

February 27, 1980, Federal Register (45 

FR 12998). You can also find later 

actions concerning the Texas program 

and program amendments at 30 CFR 

943.10, 943.15, and 943.16. 

II. Description of the Proposed 

Amendment 

By letter dated February 9, 2012 

(Administrative Record No. TX–700), 

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. 

Texas proposes to revise its regulation 

at 16 Texas Administrative Code (TAC) 

section 12.108(b) regarding annual 

permit fees by: 

(1) Increasing the amount of the fee 

for each acre of land within the permit 

area on which coal or lignite was 

actually removed during the calendar 

year, 

(2) Increasing the amount of the fee 

for each acre of land within a permit 

area covered by a reclamation bond on 

December 31st of the year, and 

(3) Increasing the amount of the fee 

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. Texas 

charges four fees to meet these costs, a 

permit application fee and three 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 18739 

accomplish reclamation and achieve 

bond release as quickly as possible. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent State or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed (see ADDRESSES) 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., c.d.t. on April 12, 2012. If you are 

disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: February 21, 2012. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

[FR Doc. 2012–7470 Filed 3–27–12; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0163] 

RIN 1625–AA00 

Safety Zone; Bay Swim V, Presque Isle 

Bay, Erie, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of Presque Island Bay, Erie, PA. 

This proposed safety zone is intended to 

restrict vessels from a portion of the 

Presque Island Bay during the Bay 

Swim V swimming event. The safety 

zone established by this proposed safety 

zone is necessary to protect participants, 

spectators, and vessels from the hazards 

associated with a large scale swimming 

event. 

DATES: Comments and related materials 

must be received by the Coast Guard on 

or before April 27, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0163 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email LT Christopher 

Mercurio, Chief of Waterway 

Management, U.S. Coast Guard Sector 

Buffalo; telephone 716–843–9343, email 

SectorBuffaloMarineSafety@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 


tkelley on DSK3SPTVN1PROD with PROPOSALS