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Administrative Procedure Act (5 U.S.C. (c) Authorized transactions. This by demonstrating that its program 553) requirements for notice of temporary general license allows, from May includes, among other things, State laws proposed rulemaking, opportunity for 20, 2019, through February 16, 2020, the and regulations that govern surface coal public participation, and delay in following: mining and reclamation operations in effective date. * * * * * accordance with the Act and consistent 5. Because a notice of proposed Dated: November 15, 2019. with the Federal regulations. See 30 rulemaking and an opportunity for Matthew S. Borman, U.S.C. 1253(a)(1) and (7). On the basis public comment are not required to be Deputy Assistant Secretary for Export of these criteria, the Secretary of the given for this rule by 5 U.S.C. 553, or Administration. Interior conditionally approved the by any other law, the analytical [FR Doc. 2019–25189 Filed 11–18–19; 11:15 am] Texas program effective February 16, requirements of the Regulatory BILLING CODE 3510–33–P 1980. You can find background Flexibility Act, 5 U.S.C. 601, et seq., are information on the Texas program, not applicable. Accordingly, no including the Secretary’s findings, the regulatory flexibility analysis is disposition of comments, and the DEPARTMENT OF THE INTERIOR required, and none has been prepared. conditions of approval of the Texas List of Subjects in 15 CFR Part 744 Office of Surface Mining Reclamation program in the February 27, 1980, and Enforcement Federal Register (45 FR 12998). You can Exports, Reporting and recordkeeping also find later actions concerning the requirements, Terrorism. 30 CFR Part 943 Texas program and program Accordingly, part 744 of the Export amendments at 30 CFR 943.10, 943.15 Administration Regulations (15 CFR [SATS No. TX–068–FOR; Docket ID: OSM– and 943.16. parts 730 through 774) is amended as 2018–0002; S1D1S SS08011000 SX064A000 follows: 201S180110; S2D2S SS08011000 II. Submission of the Amendment SX064A000 20XS501520] By letter dated February 7, 2018 PART 744—[AMENDED] Texas Regulatory Program (Administrative Record No. TX–706), ■ 1. The authority citation for 15 CFR Texas sent us an amendment to its part 744 is revised to read as follows: AGENCY: Office of Surface Mining program under SMCRA (30 U.S.C. 1201 Reclamation and Enforcement, Interior. et seq.) at its own initiative. Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. ACTION: Final rule; approval of We announced receipt of the 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 amendment. proposed amendment in the August 29, et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 2018, Federal Register (83 FR 44012). In 20947, 3 CFR, 1978 Comp., p. 179; E.O. SUMMARY: We, the Office of Surface the same document, we opened the 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. Mining Reclamation and Enforcement public comment period and provided an 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 (OSMRE), are approving an amendment opportunity for a public hearing or Comp., p. 950; E.O. 13026, 61 FR 58767, 3 to the Texas regulatory program (Texas meeting on the adequacy of the CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR program) under the Surface Mining 45167, 3 CFR, 1998 Comp., p. 208; E.O. amendment. We did not hold a public 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. Control and Reclamation Act of 1977 hearing or meeting because no one 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 (SMCRA or the Act). Texas proposed requested one. The public comment Comp., p. 786; Notice of September 19, 2019, revisions to its program regarding period ended on September 28, 2018. 83 FR 49633 (September 20, 2019); Notice of annual permit fees for calendar years We received three public comments November 12, 2019, 84 FR 61817 (November 2017 and 2018. Texas also proposed to (Administrative Record No. TX–706–03) 13, 2019). remove a restriction in its rules that that are addressed in the Public ■ 2. Supplement No. 7 to part 744 is conflicts with the United States Comments section of part IV, Summary amended by revising the first sentence Bankruptcy Code. and Disposition of Comments, below. of the introductory text, paragraph DATES: The effective date is December III. OSMRE’s Findings (b)(1), and paragraph (c) introductory 20, 2019. text to read as follows: FOR FURTHER INFORMATION CONTACT: We are approving the amendment as Supplement No. 7 to Part 744— William Joseph, Director, Tulsa Field described below. The following are Temporary General License Office, Office of Surface Mining findings we made concerning Texas’s Reclamation and Enforcement, 1645 amendment under SMCRA and the Notwithstanding the requirements and South 101st East Avenue, Suite 145, Federal regulations at 30 CFR 732.15 other provisions of Supplement No. 4 to this and 732.17. Any revisions that we do part, which became effective as to Huawei Tulsa, Oklahoma 74128–4629. Technologies Co., Ltd. (Huawei), Shenzhen, Telephone: (918) 581–6430. Email: not specifically discuss below Guangdong, China on May 16, 2019, and its [email protected]. concerning non-substantive wording or non-U.S. affiliates listed in Supplement No. SUPPLEMENTARY INFORMATION: editorial changes can be found in the 4 to this part on, as applicable, May 16, 2019 full text of the program amendment or August 19, 2019, the licensing and other I. Background on the Texas Program available at https:// requirements in the EAR as of May 15, 2019, II. Submission of the Amendment www.regulations.gov. are restored in part as of May 20, 2019, and III. OSMRE’s Findings through February 16, 2020, pertaining to IV. Summary and Disposition of Comments A. 16 Texas Administrative Code— exports, reexports, and transfers (in-country) V. OSMRE’s Decision Section 12.108. Permit Fees of items subject to the EAR to any of the VI. Statutory and Executive Order Reviews listed Huawei entities. * * * Texas proposed revising its I. Background on the Texas Program * * * * * regulations at Texas Administrative (b) * * * Section 503(a) of the Act permits a Code (TAC), Title 16, section 12.108(b), (1) This temporary general license is State to assume primacy for the regarding annual permit fees by: effective from May 20, 2019, through regulation of surface coal mining and (1) Amending the calendar years February 16, 2020. reclamation operations on non-Federal specified in paragraph (b) to calendar * * * * * and non-Indian lands within its borders years 2017 and 2018;

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(2) Decreasing the amount of the fee, regulations thereunder. However, based IV. Summary and Disposition of from $13.05 to $12.85, for each acre of upon the provisions of 11 U.S.C. 525, Comments land within a permit area covered by a discriminating against a self-bond Public Comments reclamation bond on December 31 of the applicant on the basis of participation in year; and a bankruptcy proceeding is not We asked for public comments on the (3) Decreasing the amount of the fee, permissible. Therefore, Texas proposed amendment. As noted in Section II, we from $6,600 to $6,170, for each permit to remove this requirement from its received three comments in effect on December 31 of the year. approved program. (Administrative Record No. TX–706– Texas fully funds its share of costs to 03). The comments related to the regulate the coal mining industry with The provisions of proposed 16 TAC section 12.309(j)(2)(B) mirror the Security Exchange commission, global fees paid by the coal industry. To meet warming, and radioactive free steel. The these costs, Texas charges a permit provisions of 30 CFR 800.23(b)(2) that require the applicant for a self-bond to three comments were outside the scope application fee and two annual fees, as of the proposed amendment and not mentioned above. The proposed fee have been in continuous operation as a business entity for a period of not less germane to the topic of surface coal revisions are intended to provide mining in general. We are not adequate funding to pay the State’s cost than five years immediately preceding the time of application. The Texas addressing these comments in this final of operating its regulatory program rule for these reasons. These comments while continuing to provide incentives proposed amendment also mirrors the provisions of 30 CFR 800.23(b)(2)(i) that are available in their entirety at https:// for industry to accomplish reclamation www.regulations.gov. and achieve bond release as quickly as allow a joint venture or syndicate with possible. less than five years of continuous Federal Agency Comments We find that Texas’s proposed fee operation to qualify under the On March 21, 2018, pursuant to 30 changes are consistent with the requirement of 30 CFR 800.23(b)(2) if CFR 732.17(h)(11)(i) and section 503(b) discretionary authority provided by the each member of the joint venture or of SMCRA, we requested comments on Federal regulation at 30 CFR 777.17. syndicate has been in continuous the amendment from various Federal The Federal regulations allow the operations for at least five years agencies with an actual or potential regulatory authority to determine the fee immediately preceding the time of interest in the Texas program for an application for a surface coal application. Therefore, the removal of (Administrative Record No. TX–706– mining and reclamation permit as long the provision precluding consideration 02). We did not receive any comments. as the fee does not exceed the actual or of and reference to bankruptcy anticipated cost of reviewing, provisions renders the Texas regulations Environmental Protection Agency (EPA) administering, and enforcing the permit. consistent with the OSMRE self-bonding Concurrence and Comments Texas has determined that the permit regulations at 30 CFR 800.23(b). Under 30 CFR 732.17(h)(11)(ii), we fees assessed do not exceed the actual Additionally, the proposed are required to receive a written or anticipated cost of reviewing, amendment is conformity with the concurrence from EPA for those administering, and enforcing the permit. broad provisions of the United States provisions of the program amendment This is evident as Texas is requesting a Bankruptcy Code section 525(a) that that relate to air or water quality decrease in the fees previously assessed forbid a governmental unit from standards issued under the authority of based on an assessment of the cost to discriminating against a person that has the Clean Water Act (33 U.S.C. 1251 et review, administer, and enforce Texas been a debtor or associated with a seq.) or the Clean Air Act (42 U.S.C. permits. Therefore, we are approving debtor. This prohibition extends only to 7401 et seq.). None of the revisions that Texas’s revision as it is no less effective discrimination or other action based Texas proposed to make in this than the Federal regulations. solely on the basis of the bankruptcy, on amendment pertain to air or water B. 16 Texas Administrative Code— the basis of the insolvency, before or quality standards. Therefore, we did not Section 12.309. Terms and Conditions during bankruptcy prior to ask EPA to concur on the amendment. of the Bond determination of discharge, or on the However, on March 21, 2018, under 30 basis of nonpayment of a debt Texas proposed to revise its CFR 732.17(h)(11)(i), we requested discharged in the bankruptcy case. regulation at Texas Administrative Code comments from the EPA on the Therefore, we find that Texas’s (TAC), Title 16, section 12.309(j)(2)(B), amendment (Administrative Record No. proposed amendment renders its rules by: TX–706–02). The EPA provided no (1) Removing the condition that self- or regulations no less effective than the comments and did not respond to our bond applicants must not have been Federal self-bonding regulations found request. subject to bankruptcy proceedings at 30 CFR 800.23(b) and we are approving Texas’s revision. State Historical Preservation Officer during the 5-year period immediately (SHPO) and the Advisory Council on preceding the date of application. Effective Date Historic Preservation (ACHP) Texas proposed this revision to conform to the self-bonding regulations The Texas regulatory authority’s Under 30 CFR 732.17(h)(4), we are at 30 CFR 800.23(b) and the United February 7, 2018, letter suggests that the required to request comments from the States Bankruptcy Code protections proposed rule changes were effective SHPO and ACHP on amendments that against discriminatory treatment for November 23, 2015; December 25, 2017; may have an effect on historic debtors at 11 U.S.C. 525(a). The and April 25, 2017. A state program properties. On March 21, 2018, we regulations at 30 CFR 800.23(b) have no amendment is not effective until requested comments on the amendment requirement that the self-bond applicant approved by OSMRE. 30 CFR 732.17(g); (Administrative Record No. TX–706– must not have been subject to a see also U.S. v. E&C Coal Co., Inc., 846 02). We did not receive any comments. F.2d 247, 249 (4th Cir. 1988). The bankruptcy proceeding. This provision V. OSMRE’s Decision was within the approved Texas program approved amendments will become and deemed to be more stringent than effective on the date specified in this Based on the above finding, we are SMCRA or more effective than the document. approving the Texas amendment that

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was submitted on February 7, 2018 the agency reviews its legislation and required. The basis for this (Administrative Record No. TX–706). regulations to eliminate drafting errors determination is that our decision is on To implement this decision, we are and ambiguity; that the agency write its the Texas program that does not include amending the Federal regulations at 30 legislation and regulations to minimize Tribal lands or regulation of activities CFR part 943 that codify decisions litigation; and that the agency’s on Tribal lands. Tribal lands are concerning the Texas program. In legislation and regulations provide a regulated independently under the accordance with the Administrative clear legal standard for affected conduct, applicable, approved Federal program. Procedure Act (5 U.S.C. 553), this rule rather than a general standard, and will take effect 30 days after the date of promote simplification and burden Executive Order 13211—Actions publication. Section 503(a) of SMCRA reduction. Because Section 3 focuses on Concerning Regulations That (30 U.S.C. 1253(a)) requires that the the quality of Federal legislation and Significantly Affect Energy Supply, State’s program must demonstrate that regulations, the Department limited its Distribution, or Use the State has the capability of carrying review under this Executive Order to Executive Order 13211 requires out the provisions of the Act and the quality of this Federal Register agencies to prepare a Statement of meeting its purposes. SMCRA requires document and to changes to the Federal Energy Effects for a rulemaking that is consistency of State and Federal regulations. The review under this (1) considered significant under standards. Executive Order did not extend to the Executive Order 12866, and (2) likely to VI. Statutory and Executive Order language of the State regulatory program have a significant adverse effect on the Reviews or to the program amendment that the supply, distribution, or use of energy. State of Texas drafted. Because this rule is exempt from review Executive Order 12630—Governmental under Executive Order 12866 and is not Executive Order 13132—Federalism Actions and Interference With a significant energy action under the Constitutionally Protected Property This rule is not a ‘‘[p]olicy that [has] definition in Executive Order 13211, a Rights Federalism implications’’ as defined by Statement of Energy Effects is not This rule would not effect a taking of Section 1(a) of Executive Order 13132 required. because it does not have ‘‘substantial private property or otherwise have Executive Order 13045—Protection of taking implications that would result in direct effects on the States, on the relationship between the national Children From Environmental Health public property being taken for Risks and Safety Risks government use without just government and the States, or on the compensation under the law. Therefore, distribution of power and This rule is not subject to Executive a takings implication assessment is not responsibilities among the various Order 13045 because this is not an required. This determination is based on levels of government.’’ Instead, this rule economically significant regulatory an analysis of the corresponding Federal approves an amendment to the Texas action as defined by Executive Order regulations. program submitted and drafted by that 12866; and this action does not address State. OSMRE reviewed the submission environmental health or safety risks Executive Order 12866—Regulatory with fundamental federalism principles disproportionately affecting children. Planning and Review and 13563— in mind as set forth in Section 2 and 3 Improving Regulation and Regulatory of the Executive Order and with the National Environmental Policy Act Review principles of cooperative federalism as Consistent with sections 501(a) and Executive Order 12866 provides that set forth in SMCRA. See, e.g., 30 U.S.C. 702(d) of SMCRA (30 U.S.C. 1251(a) and the Office of Information and Regulatory 1201(f). As such, pursuant to section 1292(d), respectively) and the U.S. Affairs in the Office of Management and 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) Department of the Interior Departmental Budget (OMB) will review all significant and (7)), OSMRE reviewed the program Manual, part 516, section 13.5(A), State rules. Pursuant to OMB guidance, dated amendment to ensure that it is ‘‘in program amendments are not major October 12, 1993, the approval of State accordance with’’ the requirements of Federal actions within the meaning of program amendments is exempted from SMCRA and ‘‘consistent with’’ the section 102(2)(C) of the National OMB review under Executive Order regulations issued by the Secretary Environmental Policy Act (42 U.S.C. 12866. Executive Order 13563, which pursuant to SMCRA. 4332(2)(C). reaffirms and supplements Executive Executive Order 13175—Consultation National Technology Transfer and Order 12866, retains this exemption. and Coordination With Indian Tribal Advancement Act Governments Executive Order 13771—Reducing Section 12(d) of the National Regulation and Controlling Regulatory The Department of the Interior strives Technology Transfer and Advancement Costs to strengthen its government-to- Act (15 U.S.C. 3701 et seq.) directs State program amendments are not government relationship with Tribes OSMRE to use voluntary consensus regulatory actions under Executive through a commitment to consultation standards in its regulatory activities Order 13771 because they are exempt with Tribes and recognition of their unless to do so would be inconsistent from review under Executive Order right to self-governance and tribal with applicable law or otherwise 12866. sovereignty. We have evaluated this rule impractical. (OMB Circular A–119 at under the Department’s consultation p. 14). This action is not subject to the Executive Order 12988—Civil Justice policy and under the criteria in requirements of section 12(d) of the Reform Executive Order 13175, and have NTTAA because application of those The Department of the Interior has determined that it has no substantial requirements would be inconsistent reviewed this rule as required by direct effects on federally recognized with SMCRA. Section 3 of Executive Order 12988. The Tribes or on the distribution of power Department has determined that this and responsibilities between the Federal Paperwork Reduction Act Federal Register document meets the government and Tribes. Therefore, This rule does not include requests criteria of Section 3 of Executive Order consultation under the Department’s and requirements of an individual, 12988, which is intended to ensure that tribal consultation policy is not partnership, or corporation to obtain

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information and report it to a Federal This rule: (a) Does not have an annual Reform Act (2 U.S.C. 1531 et seq.) is not agency. As this rule does not contain effect on the economy of $100 million; required. information collection requirements, a (b) will not cause a major increase in List of Subjects in 30 CFR Part 943 submission to the Office of Management costs or prices for consumers, and Budget under the Paperwork individual industries, Federal, State, or Intergovernmental relations, Surface Reduction Act (44 U.S.C. 3501 et seq.) local government agencies, or mining, Underground mining. is not required. geographic regions; and (c) does not Dated: September 9, 2019. Regulatory Flexibility Act have significant adverse effects on Alfred L. Clayborne, competition, employment, investment, Regional Director, Mid-Continent Region. This rule will not have a significant productivity, innovation, or the ability economic impact on a substantial of U.S.-based enterprises to compete For the reasons set out in the number of small entities under the with foreign-based enterprises. This preamble, 30 CFR part 943 is amended Regulatory Flexibility Act (5 U.S.C. 601 determination is based on an analysis of as set forth below: et seq.). The Texas submittal, which is the corresponding Federal regulations, the subject of this rule, is based upon which were determined not to PART 943—TEXAS corresponding Federal regulations for constitute a major rule. which an economic analysis was ■ 1. The authority citation for part 943 prepared and certification made that Unfunded Mandates Reform Act continues to read as follows: such regulations would not have a Authority: 30 U.S.C. 1201 et seq. significant economic effect upon a This rule does not impose an substantial number of small entities. In unfunded mandate on State, local, or ■ 2. Section 943.15 is amended in the making the determination as to whether Tribal governments, or the private sector table by adding an entry for ‘‘16 Texas this rule would have a significant of more than $100 million per year. The Administrative Code—Section 12.108, economic impact, the Department relied rule does not have a significant or related to permit fees; and Section upon the data and assumptions for the unique effect on State, local, or Tribal 12.309, related to self-bonding corresponding Federal regulations. governments or the private sector. This applications’’ in chronological order by determination is based on an analysis of Small Business Regulatory Enforcement ‘‘Date of final publication’’ to read as the corresponding Federal regulations, follows: Fairness Act which were determined not to impose This rule is not a major rule under 5 an unfunded mandate. Therefore, a § 943.15 Approval of Texas regulatory U.S.C. 804(2), the Small Business statement containing the information program amendments. Regulatory Enforcement Fairness Act. required by the Unfunded Mandates * * * * *

Date of final Original amendment submission date publication Citation/description

******* February 7, 2018 ...... 11/20/2019 16 Texas Administrative Code—Section 12.108, related to permit fees; and Section 12.309, related to self-bonding applications.

[FR Doc. 2019–25186 Filed 11–19–19; 8:45 am] Act and now serves as the single Privacy interest since it is based on the removal BILLING CODE 4310–05–P Program rule for the Department. That of policies and procedures that are now revised Privacy Program rule also reflected in another CFR part, 32 CFR includes all DoD component exemption part 310. DEPARTMENT OF DEFENSE rules. Therefore, the part concerning the This rule is one of 20 separate Defense Finance and Accounting component Privacy rules. With the Office of the Secretary Service Privacy Program is now finalization of the DoD-level Privacy unnecessary and may be removed from rule at 32 CFR part 310, the Department 32 CFR Part 324 the CFR. eliminated the need for this component Privacy rule, thereby reducing costs to [Docket ID: DOD–2019–OS–0054] DATES: This rule is effective on November 20, 2019. the public as explained in the preamble RIN 0790–AK70 FOR FURTHER INFORMATION CONTACT: of the DoD-level Privacy rule published Gregory Outlaw at 317–212–4591. on April 11, 2019, at 84 FR 14728– DFAS Privacy Act Program SUPPLEMENTARY INFORMATION: DoD now 14811. AGENCY: Defense Finance and has a single DoD-level Privacy Program This rule is not significant under Accounting Service, DoD. rule at 32 CFR part 310 (84 FR 14728) Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review.’’ ACTION: Final rule. that contains all the codified information required for the Therefore, E.O. 13771, ‘‘Reducing SUMMARY: This final rule removes DoD’s Department. The DFAS Privacy Act Regulation and Controlling Regulatory regulation concerning the Defense Program regulation at 32 CFR part 324, Costs’’ does not apply. Finance and Accounting Service Privacy last updated on May 22, 1996 (61 FR List of Subjects in 32 CFR Part 324 Program. On April 11, 2019, the 25561), is no longer required and can be Privacy. Department of Defense published a removed. revised DoD-level Privacy Program rule, It has been determined that PART 324—[REMOVED] which contains the necessary publication of this CFR part removal for information for an agency-wide privacy public comment is impracticable, Accordingly, by the authority of 5 program regulation under the Privacy unnecessary, and contrary to public U.S.C. 301, 32 CFR part 324 is removed.

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