Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules 9253 

(1) Determine the level of 

organizational performance effort 

needed to achieve the objectives of asset 

management; 

(2) Determine the performance gaps 

between the existing level of 

performance effort and the needed level 

of performance effort; and 

(3) Develop strategies to close the 

identified organizational performance 

gaps and define the period of time over 

which the gap is to be closed. 

§ 515.019 Periodic evaluations of facilities 

requiring repair or reconstruction due to 

emergency events. 

(a) A State DOT shall conduct a 

statewide evaluation of the State’s 

existing roads, highways, and bridges 

eligible for funding under title 23, 

United States Code, that have required 

repair and reconstruction activities on 

two or more occasions due to emergency 

events, to determine if there are 

reasonable alternatives to any of these 

roads, highways, and bridges. The 

evaluation shall consider the risk of 

recurring damage and cost of future 

repair under current and future 

environmental conditions. For purposes 

of this section, ‘‘emergency event’’ 

means a natural disaster or catastrophic 

failure due to external causes resulting 

in an emergency declared by the 

Governor of the State or an emergency 

or disaster declared by the President of 

the United States. 

(b) For purposes of this section, 

reasonable alternatives include work 

types that could achieve the following: 

(1) Reduce the need for Federal funds 

to be expended on emergency repair and 

reconstruction activities; 

(2) Better protect public safety and 

health and the human and natural 

environment; and 

(3) Meet transportation needs as 

described in the relevant and applicable 

Federal, State, local, and tribal plans 

and programs. Relevant and applicable 

plans and programs include the LongRange Statewide Transportation Plan, 

STIP, Metropolitan Transportation Plan, 

and Transportation Improvement 

Program that are developed under part 

450 of this title. 

(c) Not later than [date 2 years after 

effective date of final rule], the State 

DOT must complete the evaluation for 

NHS highways and bridges and any 

other assets included in the State DOT’s 

asset management plan. The State DOT 

must complete the evaluation for all 

other roads, highways, and bridges 

meeting the criteria for evaluation not 

later than [date 4 years after effective 

date of final rule], excluding federallyowned facilities. The State DOT shall 

update the evaluation after every 

emergency event to the extent needed to 

include facilities affected by the event. 

The State will review and update the 

evaluation at least every four years after 

the initial evaluation. In establishing its 

evaluation cycle, the State DOT should 

consider how the evaluation can best 

inform the State DOT’s preparation of 

its asset management plan and STIP. 

(d) The State DOT shall include in its 

asset management plan developed 

pursuant to §§ 515.007 and 515.009, a 

summary of the evaluation for any 

roads, highways, and bridges included 

in the asset management plan. The 

results of the evaluation of those assets, 

including any update following an 

emergency event, shall be addressed in 

the asset management plan’s risk 

analysis as provided in § 515.007(a)(6). 

(e) The State DOT must make the 

evaluation available to the FHWA upon 

request. 

[FR Doc. 2015–03167 Filed 2–19–15; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 203, 207, 220, 221, 232, 

235, 236 and 241 

[Docket No. FR–5805–P–01] 

RIN 2502–AJ26 

Federal Housing Administration (FHA): 

Standardizing Method of Payment for 

FHA Insurance Claims 

AGENCY: Office of the Assistant 

Secretary for Housing-Federal Housing 

Commissioner, HUD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule is a costsavings measure to update HUD’s 

regulations regarding the payment of 

FHA insurance claims in debentures. 

Section 520(a) of the National Housing 

Act affords the Secretary discretion to 

pay insurance claims in cash or 

debentures. Although HUD has given 

mortgagees the option to elect payment 

of FHA insurance claims in debentures 

in some sections of HUD’s regulations, 

HUD has not paid an FHA insurance 

claim under these regulations using 

debentures in approximately 5 years. 

This proposed rule would amend 

applicable FHA regulations to bring 

consistency in determining the method 

of payment for FHA insurance claims. 

DATES: Comment Due Date: April 21, 

2015. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed rule to the Regulations 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 7th Street SW., Room 

10276, Washington, DC 20410–0500. 

Communications must refer to the above 

docket number and title. There are two 

methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make them immediately available to the 

public. Comments submitted 

electronically through the 

www.regulations.gov Web site can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 

above. Again, all submissions must refer to 

the docket number and title of the rule. 

No Facsimile Comments. Facsimile 

(fax) comments are not acceptable. 

Public Inspection of Public 

Comments. HUD will make all properly 

submitted comments and 

communications available for public 

inspection and copying between 8 a.m. 

and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, you must 

schedule an appointment in advance to 

review the public comments by calling 

the Regulations Division at 202–708– 

3055 (this is not a toll-free number). 

Individuals with speech or hearing 

impairments may access this number 

via TTY by calling the toll-free Federal 

Relay Service at 800–877–8339. Copies 

of all comments submitted are available 

for inspection and downloading at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information about: HUD’s Single Family 

Housing program, contact Ivery Himes, 

Director, Office of Single Family Asset 

Management, Office of Housing, 

Department of Housing and Urban 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
9254 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules 

1Section 520(a) of the National Housing Act (12 

U.S.C. 1735d) states: ‘‘Notwithstanding any other 

provision of this Act with respect to the payment 

of insurance benefits, the Secretary is authorized, in 

his discretion, to pay in cash or in debentures any 

insurance claim or part thereof which is paid on or 

after the date of the enactment of the Housing and 

Urban Development Act of 1965 on a mortgage or 

a loan which was insured under any section of this 

Act either before or after such date.’’ 

Development, 451 7th Street SW., Room 

9172, Washington, DC, 20410; telephone 

number 202–708–1672; HUD’s 

Multifamily Housing program, contact 

Sivert Ritchie, Multifamily Claims 

Branch, Office of Housing, Department 

of Housing and Urban Development, 

451 7th Street SW., Room 6252, 

Washington, DC 20410–8000; telephone 

number 202–708–2510. The telephone 

numbers listed above are not toll-free 

numbers. Persons with hearing or 

speech impairments may access these 

numbers through TTY by calling the 

toll-free Federal Relay Service at 800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Prior to the Housing and Urban 

Development Act of 1965, the Secretary 

was required to pay insurance claims on 

mortgages or loans insured under the 

National Housing Act in debentures. 

Section 215 of the Housing and Urban 

Development Act of 1965 amended Title 

V of the National Housing Act to add a 

new section which authorized the 

Secretary, in his discretion, to pay 

insurance claims on mortgages or loans 

insured under any section of the 

National Housing Act in cash or 

debentures.1

In some of FHA’s regulations in 24 

CFR, subtitle B, chapter II, HUD has 

discretionarily provided mortgagees 

with the ability to request and receive 

payment of an insurance claim on a loan 

insured under the National Housing Act 

in debentures. As a result of these 

regulations, HUD has needed to 

maintain an interagency agreement with 

Treasury, which is the agency 

responsible for issuing and servicing 

debentures, costing HUD over $206,000 

per year, despite the fact that there are 

no current debentures being serviced by 

Treasury for HUD, and HUD has not 

paid an FHA insurance claim in 

debentures in approximately 5 years. 

II. This Proposed Rule 

HUD proposes to use the authority 

provided in section 520(a) of the 

National Housing Act to reflect the 

Secretary’s discretion to pay FHA 

insurance claims in cash or debentures. 

This change will enable HUD, in the 

future, to make a fiscally responsible 

decision about maintaining the costly 

interagency agreement with Treasury. 

This rule proposes to amend the 

following sections to bring consistency 

in the payment of FHA insurance claims 

among FHA programs: §§ 203.400, 

203.476, 203.478, 207.259, 220.751, 

220.822, 221.762, 232.885, 235.215, 

236.265, 241.261, 241.885 and 241.1205. 

As a result of these changes, § 220.760 

will be eliminated because it will be 

unnecessary. 

III. Findings and Certifications 

Regulatory Review—Executive Order 

13563 

Executive Order 13563 (Improving 

Regulations and Regulatory Review) 

directs executive agencies to analyze 

regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned.’’ Executive 

Order 13563 also directs that, where 

relevant, feasible, and consistent with 

regulatory objectives, and to the extent 

permitted by law, agencies are to 

identify and consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. 

The broader purposes of the reform to 

FHA’s regulations regarding Secretarial 

discretion of the type of FHA insurance 

claim payment are to eliminate 

unnecessary spending and bring 

consistency regarding the payment of 

insurance claims across all FHA 

programs. As discussed in the preamble, 

the interagency agreement with 

Treasury costs HUD over $206,000 per 

year, even though HUD currently does 

not have any debentures for payment of 

FHA insurance claims in circulation, 

and has not made a payment in 

debentures in approximately 5 years for 

these insurance claims. In addition, 

different FHA programs treat payment 

of FHA insurance claims differently, 

and this proposed rule will simplify the 

regulations so that the authority to 

determine the method of claim payment 

always rests with the Secretary. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule only 

changes the party which has the 

authority to determine the method of 

payment of FHA single family, 

multifamily, and healthcare insurance 

claims. 

Accordingly, the undersigned certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Notwithstanding HUD’s determination 

that this rule will not have a significant 

effect on a substantial number of small 

entities, HUD specifically invites 

comments regarding any less 

burdensome alternatives to this rule that 

will meet HUD’s objectives as described 

in the preamble to this rule. 

Environmental Impact 

The proposed rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction, or establish, revise or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this proposed 

rule is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either (i) 

imposes substantial direct compliance 

costs on state and local governments 

and is not required by statute, or (ii) 

preempts state law, unless the agency 

meets the consultation and funding 

requirements of section 6 of the 

Executive order. This proposed rule 

would not have federalism implications 

and would not impose substantial direct 

compliance costs on state and local 

governments or preempt state law 

within the meaning of the Executive 

order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (UMRA) establishes requirements 

for Federal agencies to assess the effects 

of their regulatory actions on state, 

local, and tribal governments, and on 

the private sector. This proposed rule 

would not impose any Federal mandates 

on any state, local, or tribal 

governments, or on the private sector, 

within the meaning of the UMRA. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number for Mortgage 

Insurance-Housing in Older, Declining 

Areas is 14.123; Mortgage InsuranceVerDate Sep<11>2014 12:47 Feb 19, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1

Rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules 9255 

Rental Housing is 14.134; Mortgage 

Insurance-Rental and Cooperative 

Housing for Moderate Income Families 

and Elderly, Market Interest Rate; 

Mortgage Insurance-Rental Housing in 

Urban Renewal Areas is 14.139; 

Supplemental Loan InsuranceMultifamily Rental Housing is 14.151; 

Mortgage Insurance for the Purchase or 

Refinancing of Existing Multifamily 

Housing Projects is 14.155. 

Paperwork Reduction Act 

This proposed rule reduces 

information collection requirements 

already submitted to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). In accordance 

with the Paperwork Reduction Act, an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless the 

collection displays a currently valid 

OMB control number. 

List of Subjects 

24 CFR Part 203 

Hawaiian Natives, Home 

improvement, Indians-lands, Loan 

programs-housing and community 

development; Mortgage insurance; 

Reporting and recordkeeping 

requirements; Solar energy. 

24 CFR Part 207 

Manufactured homes, Mortgage 

insurance, Reporting and recordkeeping 

requirements, Solar energy. 

24 CFR Part 220 

Home improvement, Loan programshousing and community development, 

Mortgage insurance, Reporting and 

recordkeeping requirements, Urban 

renewal. 

24 CFR Part 221 

Low and moderate income housing, 

Mortgage insurance, Reporting and 

recordkeeping requirements. 

24 CFR Part 232 

Fire prevention, Health facilities, 

Loan programs-health, Loan programshousing and community development, 

Mortgage insurance, Nursing homes, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 235 

Condominiums, Cooperatives, Grant 

programs-housing and community 

development, Low and moderate 

income housing, Mortgage insurance, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 236 

Grant programs-housing and 

community development, Low and 

moderate income housing, Mortgage 

insurance, Rent subsidies, Reporting 

and recordkeeping requirements. 

24 CFR Part 241 

Home improvement, Loan programshousing and community development, 

Mortgage insurance, Reporting and 

recordkeeping requirements, Solar 

energy. 

Accordingly, for the reasons stated 

above, HUD proposes to amend 24 CFR 

parts 203, 207, 220, 221, 232, 235, 236, 

and 241 as follows: 

PART 203—SINGLE FAMILY 

MORTGAGE INSURANCE 

■ 1. The authority citation for part 203 

is revised to read as follows: 

Authority: 12 U.S.C. 1709, 1710, 1715b, 

1715z–16, 1715u, 1717z–21 and 1735d; 15 

U.S.C. 1639c; 42 U.S.C. 3535(d). 

■ 2. Revise § 203.400, to read as follows: 

§ 203.400 Method of payment. 

(a) If the application for insurance 

benefits is acceptable to the 

Commissioner, payment of the 

insurance claim shall be made in cash, 

in debentures, or in a combination of 

both, as determined by the 

Commissioner either at, or prior to, the 

time of payment. 

(b) An insurance claim paid on a 

mortgage insured under section 223(e) 

of the National Housing Act shall be 

paid in cash from the Special Risk 

Insurance Fund. 

■ 3. Revise § 203.476(g), to read as 

follows: 

§ 203.476 Claim application and items to 

be filed. 

* * * * * 

(g) All property of the borrower held 

by the lender or to which it is entitled 

and, if the Commissioner elects to make 

payments in debentures, all cash held 

by the lender or to which it is entitled, 

including deposits made for the account 

of the borrower and which have not 

been applied in reduction of the 

principal loan indebtedness; 

* * * * * 

■ 4. Revise § 203.478(c), to read as 

follows: 

§ 203.478 Payment of insurance benefits. 

* * * * * 

(c) Method of payment. Payment of an 

insurance claim shall be made in cash, 

in debentures, or in a combination of 

both, as determined by the 

Commissioner either at, or prior to, the 

time of payment. 

* * * * * 

PART 207—MULTIFAMILY HOUSING 

MORTGAGE INSURANCE 

■ 5. The authority citation for part 207 

is revised to read as follows: 

Authority: 12 U.S.C. 1701z–11(e), 

1709(c)(1), 1713, 1715(b) and 1735d; 42 

U.S.C. 3535(d). 

■ 6. Amend § 207.259 by revising 

paragraph (a), to read as follows: 

§ 207.259 Insurance Benefits. 

(a) Method of payment. (1) Upon 

either an assignment of the mortgage to 

the Commissioner or a conveyance of 

the property to the Commissioner in 

accordance with requirements in 

§ 207.258, payment of an insurance 

claim shall be made in cash, in 

debentures, or in a combination of both, 

as determined by the Commissioner 

either at, or prior to, the time of 

payment. 

(2) An insurance claim paid on a 

mortgage insured under section 223(e) 

of the National Housing Act shall be 

paid in cash from the Special Risk 

Insurance Fund. 

* * * * * 

PART 220—MORTGAGE INSURANCE 

AND INSURED IMPROVEMENT LOANS 

FOR URBAN RENEWAL AND 

CONCENTRATED DEVELOPMENT 

■ 7. The authority citation for part 220 

is revised to read as follows: 

Authority: 12 U.S.C. 1713, 1715b, 1715k 

and 1735d; 42 U.S.C. 3535(d). 

■ 8. Revise § 220.751(a), to read as 

follows: 

§ 220.751 Cross-reference. 

(a) All of the provisions of subpart B, 

part 207 of this chapter, covering 

mortgages insured under section 207 of 

the National Housing Act, apply with 

full force and effect to multifamily 

project mortgages insured under section 

220 of the National Housing Act, except 

§ 207.256b Modification of mortgage 

terms. 

* * * * * 

§ 220.760 [Removed] 

■ 9. Remove § 220.760. 

§ 220.822 [Amended]. 

■ 10. In § 220.822, remove and reserve 

paragraph (b). 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
9256 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules 

PART 221—LOW COST AND 

MODERATE INCOME MORTGAGE 

INSURANCE—SAVINGS CLAUSE 

■ 11. The authority citation for part 221 

is revised to read as follows: 

Authority: 12 U.S.C. 1715b, 1715l and 

1735d; 42 U.S.C. 3535(d). 

§ 221.762 [Amended]. 

■ 12. In § 221.762, remove and reserve 

paragraph (a). 

PART 232—MORTGAGE INSURANCE 

FOR NURSING HOMES, 

INTERMEDIATE CARE FACILITIES, 

BOARD AND CARE HOMES, AND 

ASSISTED LIVING FACILITIES 

■ 13. The authority citation for part 232 

is revised to read as follows: 

Authority: 12 U.S.C. 1715b, 1715w, 1735d 

and 1735f–19; 42 U.S.C. 3535(d). 

■ 14. Revise § 232.885(a), to read as 

follows: 

§ 232.885 Insurance benefits. 

(a) Method of payment. Payment of an 

insurance claim shall be made in cash, 

in debentures, or in a combination of 

both, as determined by the 

Commissioner either at, or prior to, the 

time of payment. 

* * * * * 

PART 235—MORTGAGE INSURANCE 

AND ASSISTANCE PAYMENTS FOR 

HOME OWNERSHIP AND PROJECT 

REHABILITATION 

■ 15. The authority citation for part 235 

is revised to read as follows: 

Authority: 12 U.S.C. 1715b, 1715z and 

1735d; 42 U.S.C. 3535(d). 

■ 16. Revise § 235.215, to read as 

follows: 

§ 235.215 Method of paying insurance 

benefits. 

If the application for insurance 

benefits is acceptable to the Secretary, 

the insurance claim shall be paid in 

cash, in debentures, or in a combination 

of both, as determined by the 

Commissioner either at, or prior to, the 

time of payment. 

PART 236—MORTGAGE INSURANCE 

AND INTEREST REDUCTION 

PAYMENT FOR RENTAL PROJECTS 

■ 17. The authority citation for part 236 

is revised to read as follows: 

Authority: 12 U.S.C. 1715b, 1715z–1 and 

1735d; 42 U.S.C. 3535(d). 

§ 236.265 [Amended]. 

■ 18. In § 236.265, remove and reserve 

paragraph (a). 

PART 241—SUPPLEMENTARY 

FINANCING FOR INSURED PROJECT 

MORTGAGES 

■ 19. The authority citation for part 241 

is revised to read as follows: 

Authority: 12 U.S.C. 1715b, 1715z–6 and 

1735d; 42 U.S.C. 3535(d). 

■ 20. Revise § 241.261, to read as 

follows: 

§ 241.261 Payment of insurance benefits. 

All of the provisions of § 207.259 of 

this chapter relating to insurance 

benefits shall apply to multifamily loans 

insured under this subpart. 

■ 21. Revise § 241.885(a), to read as 

follows: 

§ 241.885 Insurance benefits. 

(a) Method of payment. Payment of 

insurance claims shall be made in cash, 

in debentures, or in a combination of 

both, as determined by the 

Commissioner either at, or prior to, the 

time of payment. 

* * * * * 

■ 22. Revise § 241.1205, to read as 

follows: 

§ 241.1205 Payment of insurance benefits. 

All the provisions of § 207.259 of this 

chapter relating to insurance benefits 

shall apply to an equity or acquisition 

loan insured under subpart F of this 

part. 

Dated: January 15, 2015. 

Biniam Gebre, 

Acting Assistant Secretary for Housing— 

Federal Housing Commissioner. 

[FR Doc. 2015–03457 Filed 2–19–15; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Parts 816 and 817 

[Docket ID: OSM–2014–0003; S1D1S 

SS08011000 SX066A00067F 134S180110; 

S2D2S SS08011000 SX066A00 33F 

13XS501520] 

Petition To Initiate Rulemaking; Use of 

Explosives on Surface Coal Mining 

Operations 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Decision on petition for 

rulemaking. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE or OSM), are announcing our 

final decision on a petition for 

rulemaking that was submitted by 

WildEarth Guardians. The petition 

requested that we revise our current 

regulations to prohibit visible nitrogen 

oxide clouds during blasting. The 

Director has decided to grant the 

petition in principle, and although we 

do not intend to propose the specific 

rule changes requested in the petition, 

will instead initiate a rulemaking to 

address this issue as discussed more 

fully below. 

DATES: February 20, 2015. 

ADDRESSES: Copies of the petition and 

other relevant materials comprising the 

administrative record of this petition are 

available for public review and copying 

at the Office of Surface Mining 

Reclamation and Enforcement, 

Administrative Record, Room 252 SIB, 

1951 Constitution Avenue NW., 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Rockwell, Division of Regulatory 

Support, 1951 Constitution Ave. NW., 

Washington, DC 20240; Telephone: 

202–208–2633; Email: jrockwell@

osmre.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. How does the petition process operate? 

II. What is the substance of the petition? 

III. What do our current regulations regarding 

the use of explosives require? 

IV. What comments did we receive and how 

did we address them? 

V. What is the Director’s decision? 

VI. Procedural Matters and Determinations 

I. How does the petition process 

operate? 

On April 18, 2014, we received a 

petition from WildEarth Guardians 

(petitioner) requesting that OSMRE 

promulgate rules to prohibit the 

production of visible nitrogen oxides 

(NOX) emissions (including nitric oxide 

and nitrogen dioxide) during blasting at 

surface coal mining operations in order 

to protect the health, welfare, and safety 

of the public and of mine workers and 

to prevent injury to persons. WildEarth 

Guardians submitted this petition 

pursuant to section 201(g) of the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA), 30 U.S.C. 1201(g), 

which provides that any person may 

petition the Director of OSMRE to 

initiate a proceeding for the issuance, 

amendment, or repeal of any regulation 

adopted under SMCRA. OSMRE 

adopted regulations at 30 CFR 700.12 to 

implement this statutory provision. 

In accordance with our regulation at 

30 CFR 700.12(c), we determined that 

WildEarth Guardians’ petition set forth 

‘‘facts, technical justification and law’’ 

establishing a ‘‘reasonable basis’’ for 

amending our regulations. Therefore, on 


Rmajette on DSK2VPTVN1PROD with PROPOSALS