65044 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Proposed Rules

respondent burden for small companies.

A concomitant requirement on the BE–

13 that a report be filed for all

acquisitions of 200 or more acres of U.S.

land will not be changed. The

exemption level for the related form BE–

14 also is raised to correspond to the

new $3 million threshold for the BE–13.

To maintain consistency with the

benchmark survey, BEA also proposes

to base the industry coding system used

on the BE–13 on the new North

American Industry Classification

System (NAICS) in place of the current

system, which is based on the U.S.

Standard Industrial Classification

System. However, this modification

does not require a rule change and

therefore is not reflected in this

proposed rule. The revised BE–13 and

BE–14 report forms would be required

to be filed for reports covering 1998

transactions.

The change in the basis for industry

coding should not affect the average

reporting burden for the BE–13 new

investment survey. However, BEA

estimates that 300 potential respondents

to the survey will not be required to file

in the survey because of raising the

reporting threshold to $3 million from

$1 million. This represents a 20 percent

decrease in the estimated number of

reporters that would otherwise be

required to report in the survey.

A copy of the proposed survey forms

may be obtained from: Chief, Direct

Investment in the United States Branch,

International Investment Division, BE–

49, Bureau of Economic Analysis, U.S.

Department of Commerce, Washington,

DC 20230; phone (202) 606–5577.

Executive Order 12612

These proposed rules do not contain

policies with Federalism implications

sufficient to warrant preparation of a

Federalism assessment under E.O.

12612.

Executive Order 12866

These proposed rules have been

determined to be not significant for

purposes of E.O. 12866.

Paperwork Reduction Act

These proposed rules contain a

collection of information requirement

subject to the Paperwork Reduction Act.

The collection of information

requirement contained in the proposed

rule has been submitted to the Office of

Management and Budget for review

under section 3507 of the Paperwork

Reduction Act.

Notwithstanding any other provisions

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection of information subject

to the requirements of the Paperwork

Reduction Act, unless that collection

displays a currently valid Office of

Management and Budget Control

Number.

Public reporting burden for the BE–

605 collection of information is

estimated to vary from 1⁄2 hour to 4

hours per response with an average 11⁄4

hours per response. The estimated

average burden of 11⁄4 hours per form

includes time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Public reporting burden for the BE–13

collection of information is estimated to

vary from 1 to 4 hours per response,

with an average 11⁄2 hours per response.

The estimated average burden of 11⁄2

hours includes time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Comments are requested concerning:

(a) Whether the proposed collection of

information is necessary for the proper

performance of the agency, including

whether the information will have

practical utility; (b) the accuracy of the

burden estimate; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

collection techniques or other forms of

information technology. Comments

should be addressed to: Director, Bureau

of Economic Analysis (BE–1), U.S.

Department of Commerce, Washington,

DC 20230; and to the Office of

Management and Budget, O.I.R.A.,

Paperwork Reduction Project 0608–0009

(BE–605/605 Bank) or Paperwork

Reduction Project 0608–0035 (BE–13/

14), Washington, DC 20503.

Regulatory Flexibility Act

The Assistant General Counsel for

Legislation and Regulation, Department

of Commerce, has certified to the Chief

Counsel for Advocacy, Small Business

Administration, under provisions of the

Regulatory Flexibility Act (5 U.S.C.

605(b)) that this proposed rulemaking, if

adopted, will not have a significant

economic impact on a substantial

number of small entities. Most small

businesses are not foreign owned, and

many that are will not be required to

report because of these proposed

changes. For the BE–605 quarterly

survey, the proposed rule changes

increase the exemption level at which

reporting will be required, thereby

eliminating the reporting requirement

for a number of small companies. For

the BE–13 new investment survey, the

reporting threshold is being raised from

$1 million to $3 million, thus

eliminating an additional number of

small companies that would have been

required to file. These provisions are

intended to reduce the reporting burden

on smaller companies.

List of Subjects in 15 CFR Part 806

Balance of payments, Economic

statistics, Foreign investment in the

United States, Reporting and

recordkeeping requirements.

J. Steven Landefeld,

Director, Bureau of Economic Analysis.

For the reasons set forth in the

preamble, BEA proposes to amend 15

CFR part 806 as follows:

PART 806—DIRECT INVESTMENT

SURVEYS

1. The authority citation for 15 CFR

Part 806 continues to read as follows:

Authority: 5 U.S.C. 301, 22 U.S.C. 3101–

3108, and E.O. 11961 (3 CFR, 1977 Comp.,

p. 86), as amended by E.O. 12013 (3 CFR,

1977 Comp., p. 147), E.O. 12318 (3 CFR, 1981

Comp., p. 173), and E.O. 12518 (3 CFR, 1985

Comp., p. 348).

§ 806.15 [Amended]

2. Section 806.15(h)(1) is amended by

deleting ‘‘$20,000,000’’ and inserting in

its place ‘‘$30,000,000.’’

3. Section 806.15(h)(2) is amended by

deleting ‘‘$20,000,000’’ and inserting in

its place ‘‘$30,000,000.’’

4. Section 806.15(j)(3)(ii)(b) is

amended by deleting ‘‘$1,000,000’’ and

inserting in its place ‘‘$3,000,000.’’

5. Section 806.15(j)(3)(ii)(c) is

amended by deleting ‘‘$1,000,000’’ and

inserting in its place ‘‘$3,000,000.’’

6. Section 806.15(j)(4)(ii)(b) is

amended by deleting ‘‘$1,000,000’’ and

inserting in its place ‘‘$3,000,000.’’

[FR Doc. 97–32251 Filed 12–9–97; 8:45 am]

BILLING CODE 3510–06–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[KY–217–FOR]

Kentucky Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.
Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Proposed Rules 65045

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Kentucky

regulatory program (hereinafter the

‘‘Kentucky program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Kentucky submitted a

letter requesting the removal of an

amendment at 30 CFR 917.17(a) which

required that it maintain a staffing level

of 156 field inspectors and, in the same

letter, provided justification for its

request. The amendment is intended to

revise the Kentucky program to be

consistent with the corresponding

Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [E.S.T.], January

9, 1998. If requested, a public hearing

on the proposed amendment will be

held on January 5, 1998. Requests to

speak at the hearing must be received by

4:00 p.m., [E.S.T.], on December 29,

1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to William

J. Kovacic, Director, at the address listed

below.

Copies of the Kentucky program, the

proposed amendment, a listing of any

scheduled public hearings, 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

Lexington Field Office.

William J. Kovacic, Director, Lexington

Field Office, Office of Surface Mining

Reclamation Enforcement, 2675

Regency Road, Lexington, Kentucky

40503. Telephone: (606) 233–2896.

Department of Surface Mining

Reclamation and Enforcement, 2

Hudson Hollow Complex, Frankfort,

Kentucky 40601, Telephone: (502)

564–6940.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office, Telephone: (606) 233–

2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky

Program

On May 18, 1982, the Secretary of the

Interior conditionally approved the

Kentucky program. Background

information on the Kentucky program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 18, 1982, Federal Register (47

FR 21404). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 917.11, 917.13, 917.15,

917.16, and 917.17.

II. Description of the Proposed

Amendment

By letter dated November 3, 1997

(Administrative Record No. KY–1418),

Kentucky submitted a proposed

amendment to its program requesting

the removal of an amendment at 30 CFR

917.17(a) requiring that Kentucky

maintain a staffing level of 156 field

inspectors. In the same letter, Kentucky

provided the following justification for

its request:

1. Field inspector staffing levels are

no longer based on 1984 inspection

numbers and budgetary needs.

2. A study performed during the

National Wildlife Federation Settlement

Agreement determined that a cap of 24

inspectable units per field inspector

should be established.

3. OSM has accepted the limits set by

the study in determining inspection

staff levels as indicated by the approval

of Title V administrative and

enforcement grants.

4. OSM’s annual reports indicate that

Kentucky’s Title V regulatory program

consistently meets high inspection

frequency levels.

Kentucky also maintains that using a

fixed number of field inspectors fails to

provide the latitude necessary to adapt

its inspection force to changing

conditions in the coal industry. Further,

the number of inspectors Kentucky

maintains is based on the current and

ever-changing number of inspectable

units.

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 of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

Kentucky program.

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 Lexington Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under ‘‘FOR FURTHER INFORMATION

CONTACT’’ by 4:00 p.m., [E.S.T.] on

December 29, 1997. The location and

time of the hearing will be arranged

with those persons requesting the

hearing. If no one requests an

opportunity to speak 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 speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

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.’’

Public Meeting

If only one person requests an

opportunity to speak 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

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).

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,to the extent allowed by

law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards
65046 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Proposed Rules

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 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.

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)),

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 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

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.

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.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 2, 1997.

Michael K. Robinson,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 97–32222 Filed 12–9–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WI74–01–7303; FRL–5929–8]

Approval and Promulgation of

Implementation Plans; Wisconsin

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking.

SUMMARY: The purpose of this action is

to propose approval of the State of

Wisconsin’s Prevention of Significant

Deterioration (PSD) rules, Natural

Resources (NR) 405.01 through NR

405.17, as a revision to the Wisconsin

State Implementation Plan (SIP). The

State developed rules as Wisconsin’s

plan to prevent significant deterioration

of air quality in areas designated as

unclassifiable or attainment of the

National Ambient Air Quality Standards

(NAAQS) and to satisfy the

requirements of part C of the Clean Air

Act (Act). EPA is approving these rules

because they meet EPA’s regulation

governing State PSD programs. In

addition to the PSD rules, Wisconsin

has submitted rules as a revision to the

SIP to establish breathable particulates

(PM–10) as a basis for the determination

of particle concentrations for permitting

purposes under the PSD program and,

therefore, tie the new source permit

evaluations directly to human health

standards. Finally, Wisconsin submitted

as a revision to the SIP changes of a

‘‘clean-up’’ nature, intended to correct

errors in content or style, to improve

consistency, or clarify existing policy

and procedures.

DATES: Comments on this revision and

on the proposed EPA action must be

received by January 9, 1998. Comments

received in response to EPA’s January 4,

1994 proposed disapproval of NR 405

will, if still applicable, be responded to

at the time of EPA’s final rulemaking on

this rule and need not be resubmitted.

ADDRESSES: Comments should be

submitted to Carlton Nash, EPA Region

5, 77 West Jackson Boulevard, AR–18J,

Chicago, Illinois, 60604. Copies of the

State’s submittal and other supporting

information used in developing the

proposed approval are available for

inspection during normal business

hours at the above Region 5 address.

Please contact Constantine Blathras at

(312) 886–0671 to arrange a time if

inspection of these materials is desired.

Copies of the submittal are also

located at the Bureau of Air

Management, Wisconsin Department of

Natural Resources, 101 South Webster

Street, P.O. Box 7921, Madison,

Wisconsin 53707.

FOR FURTHER INFORMATION CONTACT:

Constantine Blathras, AR–18J, 77 West

Jackson Boulevard, Chicago, Illinois,

60604, (312) 886–0671.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

The 1977 Amendments to the Act

added part C to Title I, which required

implementation of a PSD program. On

June 19, 1978, EPA promulgated a PSD

program to meet the requirements of

part C, 50 CFR 52.21, which contains

the procedures and requirements which

EPA follows when it carries out the

mandates of part C itself. These Section

52.21 requirements were then

promulgated into those State SIPs where

a State did not have an approvable plan

in place. Section 52.21 provides that its

requirements and authorities, or part

thereof, can be delegated to the State

and local air programs if EPA

determines they have the ability and

authority to carry out its mandates.

On June 19, 1978, (43 FR 26410), EPA

promulgated the Federal PSD program,

40 CFR 52.21 (b–v), into the Wisconsin

SIP at 40 CFR 52.2581 because

Wisconsin had not submitted an

approvable PSD program. On August 19,

1980, EPA gave Wisconsin partial

delegation to run the Federal PSD

program and on November 13, 1987,

gave Wisconsin full delegation of the

program, except for sources within the

exterior boundaries of a Tribal

reservation.

Section 301(d) of the Act authorizes

the Administrator to determine which

Act authorities are appropriate for

Tribes to administer within the exterior

boundaries of its reservations and to

promulgate rules as to how Tribes can

assume these authorities. These rules

were proposed, but have yet to be

promulgated. EPA recognizes that a

Tribe will upon promulgation generally

have inherent sovereign authority over

air resources within the exterior

boundaries of its reservation, if

requested and approved. Until such

time, EPA will continue to implement

these programs within the exterior