Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules 7189

Par. 4. Section 20.2056(b)–10 is

revised to read as follows:

§ 20.2056(b)–10 Effective dates.

Except as specifically provided in

§§ 20.2056(b)–5(c)(3)(ii) and (iii),

20.2056(b)–7T(d)(3), 20.2056(b)–7(e)(5),

and 20.2056(b)–8(b), the provisions of

§§ 20.2056(b)–5(c), 20.2056(b)–7,

20.2056(b)–8, and 20.2056(b)–9 are

effective with respect to estates of

decedents dying after March 1, 1994.

With respect to decedents dying on or

before March 1, 1994, the executor of

the decedent’s estate may rely on any

reasonable interpretation of the

statutory provisions. For these purposes,

the provisions of §§ 20.2056(b)–5(c),

20.2056(b)–7, 20.2056(b)–8, and

20.2056(b)–9 (as well as project LR–

211–76 (1984–1 C.B. 598), see

§ 601.601(d)(2)(ii)(b) of this chapter), are

considered a reasonable interpretation

of the statutory provisions.

Margaret Milner Richardson,

Commissioner of Internal Revenue.

[FR Doc. 97–3399 Filed 2–14–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 206 and 208

RIN 1010–AC09

Establishing Oil Value for Royalty due

on Federal Leases, and on Sale of

Federal Royalty Oil

AGENCY: Minerals Management Service,

Interior.

ACTION: Proposed rule; notice of

extension of public comment period.

SUMMARY: The Minerals Management

Service (MMS) hereby gives notice that

it is extending the public comment

period on a Notice of proposed rule,

which was published in the Federal

Register on January 24, 1997, (62 FR

3742). The proposed rule would amend

the regulations governing the valuation

for royalty purposes of oil produced

from Federal leases. In response to

requests for additional time, MMS will

extend the comment period from March

25, 1997, to April 28, 1997.

DATE: Comments must be submitted on

or before April 28, 1997.

ADDRESSES: Written comments,

suggestions, or objections regarding this

proposed amendment should be sent to

the following addresses.

For comments sent via the U.S. Postal

Service use: Minerals Management

Service, Royalty Management Program,

Rules and Publications Staff, P.O. Box

25165, MS 3101, Denver, Colorado

80225–0165.

For comments via courier or overnight

delivery service use: Minerals

Management Service, Royalty

Management Program, Rules and

Publications Staff, MS 3101, Building

85, Denver Federal Center, Room A–

212, Denver, Colorado 80225–0165.

FOR FURTHER INFORMATION CONTACT:

David S. Guzy, Chief, Rules and

Publications Staff, phone (303) 231–

3432, FAX (303) 231–3194, e-Mail

DavidlGuzy@smtp.mms.gov.

Dated: February 10, 1997.

Lucy R. Querques,

Associate Director for Royalty Management.

[FR Doc. 97–3908 Filed 2–14–97; 8:45 am]

BILLING CODE 4310–MR–P

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[SPATS No. IN–136–FOR; Amendment No.

95–4]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Indiana

regulatory program (hereinafter the

‘‘Indiana program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to

Indiana’s regulation pertaining to repair

or compensation for material damage

resulting from subsidence caused by

underground coal mining operations

and to replacement of water supplies

adversely impacted by coal mining

operations. The amendment is intended

to revise the Indiana program to be

consistent with the corresponding

Federal regulations.

DATES: Written comment must be

received by 4:00 p.m., e.s.t., March 20,

1997. If requested, a public hearing on

the proposed amendment will be held

on March 16, 1997. Requests to speak at

the hearing must be received by 4:00

p.m., e.s.t., on March 5, 1997.

ADDRESSES: Written comment and

requests to speak at the hearing should

be mailed or hand delivered to Ronald

F. Griffin, Acting Director, Indianapolis

Field Office, at the address listed below.

Copies of the Indiana 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

Indianapolis Field Office.

Ronald F. Griffin, Acting Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart

Federal Building, 575 North

Pennsylvania Street, Room 301,

Indianapolis, Indiana 46204–1521,

Telephone: (317) 226–6700.

Indiana Department of Natural

Resources, 402 West Washington

Street, Room C256, Indianapolis,

Indiana 46204, Telephone: (317) 232–

1547.

FOR FURTHER INFORMATION CONTACT:

Ronald F. Griffin, Acting Director,

Indianapolis Field Office, Telephone:

(317) 226–6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

On July 29, 1982, the Secretary of the

Interior conditionally approved the

Indiana program. Background

information on the Indiana program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the July 26, 1982, Federal Register (47

FR 32107). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 914.10, 914.15, and 914.16.

II. Description of the Proposed

Amendment

By letter dated January 14, 1997

(Administrative Record No. IND–1551),

the Indiana Department of Natural

Resources (IDNR) submitted to proposed

amendment to its program pursuant to

SMCRA. Indiana submitted the

proposed amendment in response to a

May 20, 1996, letter (Administrative

Record No. IND–1540) that OSM sent to

Indiana in accordance with 30 CFR

732.17(c). Indiana proposes to amend

the following regulations of the Indiana

Administrative Code (IAC) pertaining to

repair or compensation for material

damage resulting from subsidence and

to replacement of water supplies.

1. 310 IAC 12–0.5 Definitions

a. Indiana proposes to add a

definition at 310 IAC 12–0.5–39.5 for
7190 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules

the term ‘‘Drinking, domestic or

residential water supply.’’

b. Indiana proposes to add a

definition at 310 IAC 12–0.5–72.1 for

the term ‘‘Material damage.’’

c. Indiana proposes to add a

definition at 310 IAC 12–0.5–75.5 for

the term ‘‘Non-commercial building.’’

d. Indiana proposes to add a

definition at 310 IAC 12–0.5–77.5 for

the term ‘‘Occupied residential dwelling

and structures related thereto.’’

e. Indiana proposes to add a

definition at 310 IAC 12–0.5–107.5 for

the term ‘‘Replacement of water

supply.’’

2. 310 IAC 12–3–81 Underground

Mining Permit Applications;

Reclamation Plan; Protection of

Hydrologic Balance

Indiana proposes to amend 310 IAC

12–3–81(c) by redesignating the

introductory paragraph as subsection

(c)(1) and by adding new subsection

(c)(2). New subsection (c)(2) requires the

PHC determination to include findings

on ‘‘whether the underground mining

activities may result in contamination,

diminution, or interruption of a well or

spring in existence at the time the

permit application is submitted and

used for domestic, drinking,or

residential purposes within the permit

or adjacent areas.’’ Existing subsections

(c)(1) through (c)(3) were redesignated

subsections (d)(1) through (d)(3), and

existing subsections (d) and (e) were

redesignated subsections (e) and (f),

respectively.

3. 310 IAC 12–3–87.1 Underground

Mining Permit Applications;

Reclamation Plan; Subsidence Control

Plan

Indiana proposes extensive revisions

to this section. The substantive

revisions are discussed below.

a. Subsections (a)(1) through (a)(3)

require an application to include a map,

a narrative, and a pre-subsidence survey

indicating the location, type, and

condition of structures and renewable

resource lands that subsidence may

materially damage or diminish in value

and of drinking, domestic, and

residential water supplies that

subsidence may contaminate, diminish,

or interrupt. Subsection (a)(3) also

requires the applicant to notify property

owners of the effect that denial of access

for purposes of conducting a presubsidence survey will have on their

rights, to pay for any technical

assessment or engineering evaluation

needed, and to provide copies of the

survey and any technical assessment or

engineering evaluation to the property

owner and the director of IDNR.

b. Subsection (b) contains revised

requirements for a subsidence control

plan. A new introductory paragraph

provides that no further information

need be provided in the application

under this section if the survey

conducted under subsection (a) shows

that no structures, drinking, domestic,

or residential water supplies, or

renewable resource lands exist or that

no material damage or diminution in

value or reasonably foreseeable use of

such structures or lands and no

contamination, diminution, or

interruption of such water supplies

would occur as a result of mine

subsidence. The director of IDNR must

agree with the conclusion of the survey.

A subsidence control plan is required if

the survey identifies the existence of

structures, renewable resource lands, or

water supplies and if subsidence could

cause material damage to the identified

structures and renewable resource lands

diminution in value or foreseeable use,

or contamination, diminution, or

interruption of the protected water

supplies.

c. Subsection (b)(7) requires a

description of the methods that will be

taken to minimize damage to noncommercial buildings and occupied

residential dwellings and related

structures; or a submittal of the written

consent of the owner of the structure or

facility that minimization measures

need not be taken; or, unless the

anticipated damage would constitute a

threat to health or safety, a

demonstration that the costs of

minimizing damage to these structures

or facilities exceed the anticipated cost

of repair for areas where planned

subsidence is projected.

d. Subsection (b)(8) requires a

description of the measures to be taken

to replace adversely affected protected

water supplies or to mitigate or remedy

any subsidence-related material damage

to protected land and structures.

4. 310 IAC 12–5–94 Underground

Mining; Hydrologic Balance; Water

Rights and Replacement

Indiana proposes to revise 310 IAC

12–5–94 to require the permittee to

replace any drinking, domestic or

residential water supply that is

contaminated, diminished or

interrupted by underground mining

activities if the affected well or spring

was in existence before the date the

director of IDNR received the permit

application. The baseline hydrologic

information and geologic information

concerning baseline hydrologic

conditions required in the permit

application will be used to determine

the impact of mining activities upon

water supply.

5. 310 IAC 12–5–130.1 Underground

Mining; Subsidence Control; General

Requirements

Indiana proposes extensive revisions

to this section. The substantive

revisions are discussed below.

a. Indiana proposes to revise

subsection (a) by redesignating the

existing provisions (1)(A) and (1)(B) and

by adding two new provisions.

Subsection (a)(2) provides that if

planned subsidence is used, the

permittee must minimize material

damage to noncommercial buildings

and occupied residential dwellings and

related structures to the extent

technologically and economically

feasible. Except this is not required if he

has the written consent of the owners or

unless the anticipated damage would

constitute a threat to health or safety,

the costs would exceed the anticipated

costs of repair. Subsection (a)(3)

provides that the standard method of

room-and-pillar mining is not

prohibited.

b. Indiana proposes to revise

subsection (c)(2) by deleting the existing

language and adding new language.

New subsection (c)(2) requires the

permittee to repair or compensate the

owner for subsidence-related material

damage to non-commercial buildings or

occupied residential dwellings that

existed at the time of mining. It also

specifies the responsibilities of the

permittee under both the repair and

compensation options.

c. Indiana proposes to add new

subsection (c)(3) to provide for repair or

compensation for subsidence-related

material damage to structures or

facilities not protected by subdivision

(2).

d. Indiana proposes to add new

subsection (c)(4)(A) to provide that if

damage to non-commercial buildings or

occupied residential dwellings and

related structures occurs as a result of

earth movement within the area

determined by projecting a specified

angle of draw from underground mine

workings to the surface, a rebuttable

presumption exists that the permittee

caused the damage. The presumption

will normally apply to a 30-degree angle

of draw. The director of IDNR may

apply the presumption to a different

angle of draw under specified

circumstances.

e. Indiana proposes to add new

subsection (c)(4)(B) to provide that the

permittee or permit applicant may

request that the presumption apply to a

different site-specific angle of draw

based on a site-specific geotechnical
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules 7191

analysis of the potential surface impact

of the mining operation that

demonstrates that the proposed angle of

draw has a more reasonable basis than

the one established in the Indiana

program.

f. Indiana proposes to add new

subsection (c)(4)(C) to provide that no

rebuttable presumption will exist if the

permittee is denied access to the land or

property for the purpose of conducting

a pre-subsidence survey.

g. Indiana proposes to add new

subsection (c)(4)(D) to provide for a

rebuttal of presumption under specified

circumstances.

h. Indiana proposes to add new

subsection (c)(4)(E) to provide that all

relevant and reasonably available

information will be considered in

determining whether damage to

protected structures was caused by

subsidence.

i. Indiana proposes to add new

subsection (c)(5) to require additional

performance bond if subsidence-related

material damage to protected land,

structures, or facilities occurs and if

contamination, diminution, or

interruption to water supplies occur. No

additional bond is required if repairs,

compensation or replacement is

completed within 90 days of the

occurrence of damage. Indiana may

extend the 90-day time frame under

specified circumstances.

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

Indiana 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 Indianapolis 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 March

5, 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. 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.

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.

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

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 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 6, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–3897 Filed 2–14–97; 8:45 am]

BILLING CODE 4310–05–M