Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Proposed Rules 48807

applied to ATP awards are the

‘‘Government Auditing Standards (GAS)

issued by the Comptroller General of the

United States (also known as yellow

book standards) and the ATP programspecific audit guidelines.

The ATP program-specific audit

guidelines include guidance on the

number of audits required under an

award. In the interest of efficiency, the

recipients are encouraged to retain their

own independent CPA firm to perform

these audits. The Department of

Commerce’s Office of Inspector General

(OIG) reserves the right to conduct

audits as deemed necessary and

appropriate.

§ 295.12 [Removed]

13. Section 295.14 is removed.

14. Section 295.22 is revised to read

as follows:

§ 295.22 Limitations on assistance.

(a) An award will be made under this

subpart only if the award will facilitate

the formation of a joint venture or the

initiation of a new research and

development project by an existing joint

venture.

(b) The total value of any in-kind

contributions used to satisfy the cost

sharing requirement may not exceed 30

percent of the non-federal share of the

total project costs.

15. Section 295.25 is added as

follows:

§ 295.25 Special rule for the valuation of

transfers between separately-owned joint

venture members.

(a) Applicability. This section applies

to transfers of goods, including

computer software, and services

provided by the transferor related to the

maintenance of those goods, when those

goods or services are transferred from

one joint venture member to other

separately-owned joint venture

members.

(b) Rule. The greater amount of the

actual cost of the transferred goods and

services as determined in accordance

with applicable Federal cost principles,

or 75 percent of the best customer price

of the transferred goods and services,

shall be deemed to be allowable costs;

provided, however, that in no event

shall the aggregate of these allowable

costs exceed 30 percent of the nonFederal share of the total cost of the

joint research and development

program.

(c) Definition. The term ‘‘best

customer price’’ shall mean the GSA

schedule price, or if such price is

unavailable, the lowest price at which a

sale was made during the last twelve

months prior to the transfer of the

particular good or service.

16. Sections 295.31 and 295.32 are

revised to read as follows:

§ 295.31 Qualification of proposers.

Awards under this subpart will be

available to all businesses subject to the

limitations set out in §§ 295.3 and

295.32.

§ 295.32 Limitations on assistance.

(a) The Program will not directly

provide funding under this Subpart to

any governmental entity, academic

institution or independent research

organization.

(b) For proposals submitted to ATP

after November 1, 1997, awards to large

businesses made under this Subpart

shall not exceed 40 percent of the total

project costs of those awards in any year

of the award.

(c) Awards under this subpart may

not exceed $2,000,000, or be for more

than three years, unless the Secretary

provides a written explanation to the

authorizing committees of both Houses

of Congress and then, only after thirty

days during which both Houses of

Congress are in session. No funding for

indirect costs, profits, or management

fees shall be available for awards made

under this Subpart.

(d) The total value of any in-kind

contributions used to satisfy a cost

sharing requirement may not exceed 30

percent of the non-federal share of the

total project costs.

17. In addition to the amendments set

forth above, in 15 CFR part 295 remove

the word ‘‘applicants’’ or ‘‘applicant’’

and add in its place the word

‘‘proposers’’ or ‘‘proposer’’ in the

following places

a. Section 295.7(a), (b) and (c);

b. Section 295.21 section heading;

c. Subpart C heading; and

d. Section 295.31 section heading.

[FR Doc. 97–24709 Filed 9–16–97; 8:45 am]

BILLING CODE 3510–13–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 934

[OSM SPATS No. ND–035–FOR, North

Dakota Amendment No. XXV]

North Dakota 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: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the North Dakota

regulatory program (hereinafter, the

‘‘North Dakota program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

revisions to rules pertaining to a

proposal to eliminate the requirement

for companies to submit a copy of the

federal reclamation fee report, changes

to revegetation success standards, and a

new rule on inspection frequencies for

inactive mines. The amendment is

intended to revise the North Dakota

program to improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.d.t. October 17,

1997. If requested, a public hearing on

the proposed amendment will be held

on October 14, 1997. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.d.t. on October

2, 1997.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the North Dakota program,

the proposed amendment, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s Casper

Field Office.

Guy Padgett, Director, Casper Field

Office, Office of Surface Mining

Reclamation and Enforcement, 100

East ‘‘B’’ Street, Federal Building,

room 2128, Casper, Wyoming 82601–

1918

James R. Deutsch, Director, Reclamation

Division, Public Service Commission,

State Capitol, Bismarck, North Dakota

58505, Telephone: (701) 328–2252

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, (307) 261–6550; Internet

address, gpadgett@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota

Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the North Dakota program. General

background information on the North

Dakota program, including the

Secretary’s findings, the disposition of

comments, and conditions of approval

of the North Dakota program can be

found in the December 15, 1980 Federal

Register (45 FR 82214). Subsequent

actions concerning North Dakota’s

program and program amendments can
48808 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Proposed Rules

be found at 30 CFR 934.15, 934.16, and

934.30.

II. Proposed Amendment

By letter dated August 29, 1997 North

Dakota submitted a proposed

amendment to its program pursuant to

SMCRA (Amendment number XXV),

administrative record No. ND–Z–01, 30

U.S.C. 1201 et seq.). North Dakota

submitted the proposed amendment at

its own initiative. The provisions of the

North Dakota Administrative Code

(NDAC) that North Dakota proposed to

revise were: NDAC 69–05.2–13–01,

concerning its Coal Production and

Reclamation Fee Report; NDAC 69–

05.2–22–07, concerning reclamation

success standards for woodlands and

shelterbelts; and the addition of NDAC

69–05.2–28, concerning inspections on

inactive mine sites.

Specifically, North Dakota proposes

to: (1) delete its requirement that mining

companies provide the Public Service

Commission with a copy of the Coal

Production and Reclamation Fee Report

that is submitted to OSM; (2) revise

North Dakota’s rules concerning

revegetation standards for reclaimed

woodlands and shelterbelts, which

require that at least eighty percent of the

trees, shrubs and half-shrubs counted

for meeting standards be in place for at

least six years, and deem the standard

satisfied if the mine operator

demonstrates that no tree, shrub or halfshrub replanting has occurred during

the last six years of the responsibility

period; (3) give mining companies the

option of proving reclamation success

for three out of five consecutive years,

starting no sooner than the eighth year

of the responsibility period; and (4) add

a rule to reduce the number of

inspections from twelve to four per year

that must be conducted on inactive

mine sites at mines where coal

production has permanently ceased and

all disturbed areas have been reclaimed

and revegetated.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria on 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

North Dakota program.

1. Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Casper Field Office will

not necessarily be considered in the

final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.d.t. on October 2, 1997. Any disabled

individual who has need for a special

accommodation to attend a public

hearing should contact the individual

listed under FOR FURTHER INFORMATION

CONTACT. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one person requests an

opportunity to testify at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

2. Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) 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

since each such 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.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since 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)).

4. 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.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined 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

that 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.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. 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.

6. Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year
Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Proposed Rules 48809

on any governmental entity of the

private sector.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: September 9, 1997.

Peter A. Rutledge,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 97–24683 Filed 9–16–97; 8:45 am]

BILLING CODE 4310–05–M