Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Proposed Rules 58873

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1

[REG–129771–04] 

RIN 1545–BD49

Guidance Under Section 951 for 

Determining Pro Rata Share; 

Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correction to notice of proposed 

rulemaking. 

SUMMARY: This document contains 

corrections to notice of proposed 

rulemaking that were published in the 

Federal Register on August 6, 2004 (69 

FR 47822), providing guidance for 

determining a United States 

shareholder’s pro rata share of a 

controlled foreign corporation’s (CFC’s) 

subpart F income, previously excluded 

subpart F income withdrawn from 

investment in less developed countries, 

previously excluded subpart F income 

withdrawn from foreign base company 

shipping operations, and amounts 

determined under section.

FOR FURTHER INFORMATION CONTACT:

Jonathan A. Sambur at (202) 622–3840 

(not a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background 

The proposed regulations that are the 

subject of these corrections are under 

section 951 (a) of the Internal Revenue 

Code. 

Correction of Publication 

Accordingly, the publication of the 

notice of proposed rulemaking (REG–

129771–04), which was the subject of 

FR Doc. 04–17907, is corrected as 

follows: 

1. On page 47823, column 1, in the 

preamble under the caption ADDRESSES, 

remove the last sentence.

§ 1.951–1 [Corrected] 

2. On page 47826, column 2, § 1.951–

1, paragraph (e)(5)(iii), line 11, the 

language ‘‘distribution of earnings or 

profits that’’ is corrected to read 

‘‘distribution of earnings and profits 

that’’.

Cynthia Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration).

[FR Doc. 04–22137 Filed 9–30–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 906 

[CO–033–FOR] 

Colorado Regulatory Program

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior.

ACTION: Proposed rule; reopening and 

extension of public comment period on 

proposed amendment. 

SUMMARY: We are announcing receipt of 

additional revisions pertaining to a 

previously proposed amendment to the 

Colorado regulatory program 

(hereinafter, the ‘‘Colorado program’’) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). The additional revisions were 

submitted by Colorado July 23, 2003. 

Colorado proposes revisions to require a 

weed management plan as part of the 

permit application, and as part of the 

cropland revegetation success criteria, 

to consider crop production for two of 

the last four years of the liability period, 

but not consider crop production prior 

to year nine of the liability period and 

with respect to annual grain crops for 

which the cropping cycle may 

incorporate a summer fallow year, two 

of the last four cropping years will be 

considered.

DATES: We will accept written 

comments on this amendment until 4 

p.m., m.d.t. October 18, 2004.

ADDRESSES: You may submit comments, 

identified by Docket No. CO–033–FOR, 

by any of the following methods: 

• E-mail: jffulton@osmre.gov. Include 

‘‘Docket No. CO–033–FOR’’ in the 

subject line of the message; 

• Mail: James F. Fulton, Chief, Denver 

Field Division, OSM, P.O. Box 46667, 

Denver, CO 80201–6667; 

• Hand delivery: James F. Fulton, 

Chief, Denver Field Division, OSM, 

1999 Broadway, Suite 3320, Denver, CO 

80202–5733; 

• Fax: (303) 844–1545; and 

• 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 Colorado program, 

this amendment, and all written 

comments received in response to this 

document, you must go to the addresses 

listed below during normal business 

hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Denver Field 

Division. 

In addition, you may review a copy of 

the amendment during regular business 

hours by contacting the following 

individuals at their respective locations:

James F. Fulton, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, P.O. 

Box 46667, Denver, CO 80201–6667. 

(303) 844–1400, extension 1424. 

David A. Berry, Coal Program 

Supervisor, Colorado Division of 

Minerals and Geology, 1313 Sherman 

Street Room 215, Denver, Colorado 

80203. Telephone: (303) 866–3873.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, telephone: (303) 844–

1400, ext. 1424, e-mail address: 

jfulton@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations

I. Background on the Colorado 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 State 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 Colorado 

program on December 15, 1980. You can 

find background information on the 

Colorado program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Colorado program in the 

December 15, 1980, Federal Register (45 

FR 82173). You can also find later 

actions concerning Colorado’s program 

and program amendments at 30 CFR 

906.15, 906.16, and 906.30. 

II. Description of Proposed Amendment 

By letter dated March 27, 2003, 

Colorado sent us a proposed 

58874 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Proposed Rules 

amendment to its program pursuant to 

SMCRA (State Amendment Tracking 

System number C0–033–FOR), 

administrative record number C0–696–

1, under SMCRA (30 U.S.C. 1201 et 

seq.). Colorado sent the proposed 

amendment in response to the letters 

that we sent it in accordance with 30 

CFR 732.17(c) on May 7, 1986, June 9, 

1987, and March 22, 1990. The 

amendment concerns prime farmland, 

revegetation, hydrology, enforcement, 

topsoil, historic properties, and bond 

release requirements. On April 4, 2003, 

Colorado sent us an addition to its 

March 27, 2003, program amendment. It 

amended Rule 4.15.8(3)(a); Revegetation 

Success Criteria. 

In the June 3, 2003, Federal Register

(68 FR 33032), we announced receipt of 

the March 27, 2003, proposed 

amendment and its April 4, 2003, 

addition, provided an opportunity for a 

public hearing or meeting on its 

substantive adequacy, and invited 

public comment on its adequacy. 

Because no one requested a public 

hearing or meeting, none was held. The 

public comment period ended on July 3, 

2003. We received comments from one 

Federal agency. 

By letter dated July 23, 2003, 

Colorado submitted additional revisions 

to the amendment. These proposed 

revisions added a requirement for a 

weed management plan and revised 

provisions pertaining to revegetation 

success for cropland. We announced 

these revisions and provided a 

shortened comment period in the 

Federal Register dated November 20, 

2003 (68 FR 65422). 

By letters dated September 1, 2004, 

and September 4, 2004, the Rocky 

Mountain Director of Public Employees 

for Environmental Responsibility 

(PEER) requested that we reopen the 

comment period for the proposed 

amendment submitted by Colorado on 

July 23, 2003. PEER stated that our 

notice was incorrect in its explanation 

of the amendment and that it failed to 

include the full text of the amendment 

as required by 30 CFR 732.17(h) for 

shortened comment periods. With this 

notice, we are publishing the full text of 

Colorado’s July 23, 2003, submission. 

In its July 23, 2003, submittal, 

Colorado proposes revisions to rule Rule 

4.15.1, Weed Management Plan; Rule 

4.15.9, Revegetation Success Criteria: 

Cropland; and Rule 1.04(78), Definition 

of Noxious Weeds. The full text of the 

proposed revision is as follows, with the 

bracketed language to be removed and 

the italicized language to be added: 

Amend Rule 4.15.1 by adding (5) as 

follows:

(5) Each operator shall submit a weed 

management plan that will become part of 

the permit requirements. Species to be 

considered shall be noxious weeds as set 

forth in the permit. The plan shall also 

address invasion of other weed species that 

seriously threaten the continued 

development of desired vegetation. Weed 

control methods shall also be used whenever 

the inhabitation of the disturbed area by 

weeds threatens further spread of weeds to 

nearby areas.

Amend Rule 1.04(78) as follows:

‘‘Noxious [plants] weeds’’ means species 

that have been included on official State or 

county lists of noxious [plants] weeds.

Amend Rule 4.15.9 as follows:

4.15.9 Revegetation Success Criteria: 

Cropland. For areas to be used as cropland, 

success of revegetation shall be determined 

on the basis of crop production from the 

mined area as compared to approved 

reference areas or other approved standard(s). 

Crop production from the mined area shall 

not be less than that of the approved 

reference area or standard for [the last] two 

of the last four years of the [extended] 

liability period established in 3.02.3. Crop 

production shall not be considered prior to 

year nine of the liability period. With respect 

to annual grain crops for which the cropping 

cycle may incorporate a summer fallow year, 

two of the last four cropping years will be 

considered. This liability period shall 

commence on the date of initial planting of 

the crop being grown. Production shall be 

considered equal if it is not less than 90% 

of the production as determined from the 

reference area or approved standard with 

90% statistical confidence.

III. Public Comment Procedures 

Written Comments

Send your written comments to OSM 

at the address given above. Your written 

comments should be specific, pertain 

only to the issues proposed in this 

rulemaking, and include explanations in 

support of your recommendations. In 

the final rulemaking, we will not 

necessarily consider or include in the 

administrative record any comments 

received after the time indicated under 

DATES or at locations other than the 

Denver Field Division. 

Electronic Comments 

Please submit Internet comments as 

an ASCII or Word file avoiding the use 

of special characters and any form of 

encryption. Please also include ‘‘Attn: 

SATS No. CO–033–FOR’’ and your 

name and return address in your 

Internet message. If you do not receive 

a confirmation that we have received 

your Internet message, contact the 

Denver Field Division at (303) 844–

1400, ext. 1441. 

Availability of Comments 

We will make comments, including 

names and addresses of respondents, 

available for public review during 

normal business hours. We will not 

consider anonymous comments. If 

individual respondents request 

confidentiality, we will honor their 

request to the extent allowable by law. 

Individual respondents who wish to 

withhold their name or address from 

public review, except for the city or 

town, must state this prominently at the 

beginning of their comments. We will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public review in their entirety. 

IV. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

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 

(Regulatory Planning and Review). 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that this rule meets the 

applicable standards of subsections (a) 

and (b) of that section. However, these 

standards are not applicable to the 

actual language of State regulatory 

programs and program amendments 

because each program is drafted and 

promulgated by a specific State, not by 

OSM. Under sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

Executive Order 13132—Federalism 

This rule does not have federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Proposed Rules 58875

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federally 

recognized Indian Tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes. 

The rule does not involve or affect 

Indian Tribes in any way. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: a. does not have an annual 

effect on the economy of $100 million; 

b. will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and c. does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S. based enterprises to compete 

with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate.

List of Subjects in 30 CFR Part 906

Intergovernmental relations, Surface 

mining, Underground mining.

Dated: September 15, 2004. 

Allen D. Klein, 

Regional Director, Western Regional 

Coordinating Center.

[FR Doc. 04–22017 Filed 9–30–04; 8:45 am] 

BILLING CODE 4310–05–P

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1270 

RIN 3095–AB40 

Presidential Records Act Procedures

AGENCY: National Archives and Records 

Administration (NARA).

ACTION: Proposed rule.

SUMMARY: In response to a petition for 

rulemaking, NARA proposes to amend 

our rules concerning Presidential 

records to lengthen the time from 10 

working days to 35 calendar days to 

appeal denial of access. This proposed 

rule will affect the public.

DATES: Submit comments on or before 

November 30, 2004.

ADDRESSES: NARA invites interested 

persons to submit comments on this 

proposed rule. Please include ‘‘Attn: 

3095–AB40’’ and your name and 

mailing address in your comments. 

Comments may be submitted by any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• E-Mail: Send comments to 

comments@nara.gov. If you do not 

receive a confirmation that we have 

received your e-mail message, contact 

Jennifer Davis Heaps at 301–837–1850. 

• Fax: Submit comments by facsimile 

transmission to 301–837–0319. 

• Mail: Send comments to 

Regulations Comments Desk (NPOL), 

Room 4100, Policy and 

Communications Staff, National 

Archives and Records Administration, 

8601 Adelphi Road, College Park, MD 

20740–6001. 

• Hand Delivery or Courier: Deliver 

comments to 8601 Adelphi Road, 

College Park, MD.

FOR FURTHER INFORMATION CONTACT:

Jennifer Davis Heaps at 301–837–1801.

SUPPLEMENTARY INFORMATION: On June 4, 

2004, NARA received a petition to 

extend the timeframe in which a person 

may appeal the denial of a request for 

access to Presidential records made 

under the Presidential Records Act (44 

U.S.C. 2201–2207). The petitioners 

stated that the current timeframe of 10 

working days from the date of NARA’s