Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules 24661 

Federal Register on May 9, 2011 (REG– 

151687–10, 76 FR 26678, 2011–23 IRB 

867). This document withdraws those 

proposed regulations in light of the 

repeal of section 3402(t). 

At the same time as the issuance of 

the proposed regulations, the Treasury 

Department and the IRS issued final 

regulations under sections 3402(t), 3406, 

6011, 6051, 6071, and 6302 of the Code 

that were published in the Federal 

Register on May 9, 2011 (TD 9524, 76 

FR 26583, 2011–23 IRB 843). A related 

document (TD 9586, REG–148417–11) 

removes the final regulations under 

section 3402(t) and makes conforming 

amendments to the regulations under 

other sections reflecting that removal. 

List of Subjects in 26 CFR Part 31 

Employment taxes, Fishing vessels, 

Gambling, Income taxes, Penalties, 

Pensions, Railroad retirement, Reporting 

and recordkeeping requirements, Social 

Security, Unemployment compensation. 

Withdrawal of Notice of Proposed 

Rulemaking 

Accordingly, under the authority of 

26 U.S.C. 7805, the notice of proposed 

rulemaking (REG–151687–10) that was 

published in the Federal Register on 

May 9, 2011 (76 FR 26678) is 

withdrawn. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2012–9886 Filed 4–24–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 934 

[SATS No. ND–053–FOR; Docket ID OSM– 

2012–0006] 

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: We are 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’’ or 

‘‘the Act’’). North Dakota proposes 

changes to the North Dakota 

Administrative Code to address letter of 

credit provisions in the collateral bond 

rule under Administrative Code Section 

69–5.2–12–04. The changes involve the 

financial information and notices that 

banks issuing a letter of credit must 

provide to the North Dakota Public 

Service Commission (hereinafter, the 

‘‘Commission’’). 

This document gives the times and 

locations that the North Dakota program 

and proposed amendment to that 

program are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 

4 p.m., m.d.t. May 25, 2012. If 

requested, we will hold a public hearing 

on the amendment on May 21, 2012. We 

will accept requests to speak until 

4 p.m., m.d.t. on May 10, 2012. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

Federal eRulemaking Portal: 

www.regulations.gov. This proposed 

rule has been assigned Docket ID: OSM– 

2012–0006. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to 

www.regulations.gov and follow the 

instructions. 

• Mail/Hand Delivery/Courier: 

Jeffrey Fleischman, Director, Casper 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, POB 11018, 

150 East B Street, Casper, Wyoming 

82601–1018. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘III. Public Comment 

Procedures’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

In addition to viewing the docket and 

obtaining copies of documents at 

www.regulations.gov, you may review 

copies of the North Dakota program, this 

amendment, a listing of any public 

hearings, and all written comments 

received in response to this document at 

the addresses listed below during 

normal business hours, Monday through 

Friday, excluding holidays. You may 

also receive one free copy of the 

amendment by contacting OSM’s Casper 

Field Office. 

Jeffrey Fleischman, Director, Casper 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, PO Box 

11018, 150 East B Street, Casper, 

Wyoming 82601–1018, (307) 261–6555, 

jfleischman@osmre.gov. 

James Deutsch, Director, Reclamation 

Division, North Dakota Public Service 

Commission, 600 East Boulevard, Dept. 

408, Bismarck, North Dakota 58505– 

0480, (701) 328–2251, jdeutsch@nd.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Telephone: (307) 

261–6555. Internet: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the North Dakota Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the North Dakota 

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 North 

Dakota program on December 15, 1980. 

You can find 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 in 

the December 15, 1980 Federal Register 

(45 FR 82214). You can also find later 

actions concerning North Dakota’s 

program and program amendments at 30 

CFR 934.15 and 934.30. 

II. Description of the Proposed 

Amendment 

By letter dated February 2, 2012, 

North Dakota sent us a proposed 

amendment to its program 

(Administrative Record Document ID 

No. OSM–2012–0006–0002) under 

SMCRA (30 U.S.C. 1201 et seq.). North 

Dakota sent the amendment to include 

changes made at its own initiative to the 

North Dakota Administrative Code 

(NDAC). The full text of the program 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES. 

Specifically, North Dakota proposes to 

change letter of credit provisions in the 

collateral bond rule under NDAC 69– 

5.2–12–04. The financial information 

that banks issuing a letter of credit must 

provide to the Commission is 

specifically addressed. An option is 

being added to let banks provide a 

certified copy of financial reports that 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
24662 Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules 

are required by a Federal agency rather 

than submit a balance sheet that is 

certified by a certified public accountant 

(CPA). Additionally, a change that 

affects the provision requiring banks to 

give the Commission notice of actions 

alleging insolvency or bankruptcy is 

also being proposed. North Dakota is 

proposing these changes both in order to 

be compliant with state and Federal 

banking regulations and to assist banks 

that could possibly have difficulty 

submitting CPA certified balance sheets. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the North Dakota program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent state or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed above (see 

ADDRESSES) will be included in the 

docket for this rulemaking and 

considered. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available in the 

electronic docket for this rulemaking at 

www.regulations.gov. While you can ask 

us in your comment to withhold your 

personal identifying information from 

public review, we cannot guarantee that 

we will be able to do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4 p.m., m.d.t. on May 10, 2012. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

the hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a public 

hearing provide us with a written copy 

of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

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). 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 934 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: March 7, 2012. 

Allen D. Klein, 

Director, Western Region. 

[FR Doc. 2012–9869 Filed 4–24–12; 8:45 am] 

BILLING CODE 4310–05–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2011–2 CRB NCEB II] 

Determination of Reasonable Rates 

and Terms for Noncommercial 

Broadcasting 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

rates and terms for use of certain works 

in connection with noncommercial 

broadcasting for the period commencing 

January 1, 2013, and ending on 

December 31, 2017. 

DATES: Comments and objections, if any, 

are due no later than May 25, 2012. 

ADDRESSES: Comments and objections 

may be sent electronically to 

crb@loc.gov. In the alternative, send an 

original, five copies and an electronic 

copy on a CD either by mail or by hand 

delivery. Please do not use multiple 

means of transmission. Comments and 

objections may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments and objections must be 

addressed to: Copyright Royalty Board, 

P.O. Box. 70977, Washington, DC 

20024–0977. If hand delivered by a 

private party, comments and objections 

must be brought to the Copyright Office, 

Public Information Office, Library of 

Congress, James Madison Memorial 

Building, Room LM–401, 101 

Independence Avenue SE., Washington, 

DC 20559–6000, between 8:30 a.m. and 

5 p.m. If delivered by a commercial 

courier, comments and objections must 

be delivered between 8:30 a.m. and 

4 p.m. to the Congressional Courier 

Acceptance Site located at 2nd and D 

Street NE., Washington, DC, and the 

envelope must be addressed to: 

Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, Room LM–403, 101 

Independence Avenue SE., Washington, 

DC 20559–6000. 


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