2068 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Proposed Rules

instrumentality of an Indian tribal

government or subdivision thereof;

(v) An Indian Tribal Corporation

organized under section 17 of the Indian

Reorganization Act of 1934, 25 U.S.C.

477, or section 3 of the Oklahoma

Welfare Act, 25 U.S.C. 503;

(vi) An international organization as

defined in section 7701(a)(18);

(vii) An entity any portion of whose

income is excluded under section 115;

or

(viii) An entity that would not be

taxable under the Internal Revenue

Code for reasons substantially similar to

those applicable to any entity listed in

this paragraph (c)(2) unless otherwise

explicitly made exempt from the

application of this section by statute or

by action of the Commissioner.

(3) Substantially all. The term

substantially all has the same meaning

as under section 368(a)(1)(C).

(d) Loss limitation rule. For purposes

of determining the amount of loss

recognized by a taxable corporation on

the transfer of its assets to a tax-exempt

entity under paragraph (a) of this

section, if assets are acquired by the

taxable corporation in a transaction to

which section 351 applied or as a

contribution to capital, or assets are

distributed from the taxable corporation

to a shareholder or another member of

the taxable corporation’s affiliated

group, and in either case as part of a

plan a principal purpose of which is to

recognize loss by the taxable

corporation on the transfer of its assets

to the tax-exempt entity, the losses

recognized by the taxable corporation

on the assets transferred to the taxexempt entity will be disallowed. For

purposes of the preceding sentence, the

principles of section 336(d)(2) apply.

(e) Effective date. This section is

applicable for transfers of assets as

described in paragraph (a) of this

section occurring after [date that is 30

days after publication in the Federal

Register of these regulations as final

regulations], unless the transfer is

pursuant to a written agreement which

is (subject to customary conditions)

binding on or before [date that is 30

days after publication in the Federal

Register of these regulations as final

regulations].

Margaret Milner Richardson,

Commissioner of Internal Revenue.

[FR Doc. 97–771 Filed 1–10–97; 8:45 am]

BILLING CODE 4830–01–U

26 CFR Parts 1 and 301

[REG–209803–95]

RIN 1545–AU18

Magnetic Media Filing Requirements

for Information Returns; Hearing

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Change of location of public

hearing.

SUMMARY: This document changes the

location of the public hearing on

proposed regulations relating to the

requirements for filing information

returns on magnetic media or in other

machine-readable form under section

6011(e) of the Internal Revenue Code.

DATES: The public hearing is being held

on Wednesday, February 5, 1997,

beginning at 10:00 a.m.

ADDRESSES: The public hearing

originally scheduled in the IRS

Commissioner’s Conference Room, room

3313, Internal Revenue Building, 1111

Constitution Avenue, NW, Washington,

DC. is changed to room 2615, Internal

Revenue Building, 1111 Constitution

Avenue, NW, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Mike Slaughter of the Regulations Unit,

Assistant Chief Counsel (Corporate),

(202) 622–7190 (not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice

of proposed rulemaking and notice of

public hearing appearing in the Federal

Register on Thursday, October 10, 1996

(61 FR 53161), announced that a public

hearing relating to proposed regulations

under sections 6011(e) and 6045 of the

Internal Revenue Code will be held

Wednesday, February 5, 1997,

beginning at 10:00 a.m. in the IRS

Commissioner’s Conference Room, room

3313, Internal Revenue Building, 1111

Constitution Avenue NW, Washington,

DC and that requests to speak and

outlines of oral comments should be

received by Wednesday, January 15,

1997.

The location of the public hearing has

changed. The hearing is being held in

room 2615 on Wednesday, February 5,

1997, beginning at 10:00 a.m. The

requests to speak and outlines of oral

comments should be received by

Wednesday, January 15, 1997. Because

of controlled access restrictions,

attenders cannot be admitted beyond

the lobby of the Internal Revenue

Building until 9:45 a.m.

Copies of the agenda are available free

of charge at the hearing.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 97–894 Filed 1–14–97; 8:45 am]

BILLING CODE 4830–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 53 and 58

[AD–FRL–5675–9]

RIN 2060–AH09

Proposed Requirements for

Designation of Reference and

Equivalent Methods for PM2.5 and

Ambient Air Quality Surveillance for

Particulate Matter

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule: correction.

SUMMARY: The EPA is correcting

production errors in the printing of the

proposed revisions to 40 CFR parts 53

and 58 (61 FR 65780) for particulate

matter monitoring published on

December 13, 1996.

FOR FURTHER INFORMATION CONTACT: Neil

H. Frank at (919) 541–5560.

SUPPLEMENTARY INFORMATION: The EPA

proposed revisions to 40 CFR parts 53

and 58 (61 FR 65780) on December 13,

1996 to establish requirements for

designation of reference and equivalent

methods of PM2.5 and to establish

ambient air quality monitoring

requirements for particulate matter. A

review of the notice resulted in the

identification of a missing figure from

§ 58.13 of part 58, text that was omitted,

and two difficult to read figures from

Appendix D to part 58. In addition,

some minor errors were identified

elsewhere. This notice presents the

missing figure and text, reprints several

hard to read figures, and makes the

other corrections.

Dated: January 7, 1997.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

The following corrections are made to

FRL–5659–2, ‘‘Proposed Requirements

for Designation of Reference and

Equivalent Methods for PM2.5 and

Ambient Air Quality Surveillance for

Particulate Matter’’ published on

December 13, 1996 (61 FR 65780).

1. On page 65800, column 1, §53.9,

revise ‘‘Designation of a candidate

method as a reference method or

equivalent method shall be conditioned
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Proposed Rules 2069

on the applicant’s * * *’’ to read

‘‘Designation of a candidate method as

a reference method or equivalent

method shall be conditional to the

applicant’s * * *’’

2. On page 65847, column 1, after

paragraph (3), insert the following

figure:

BILLING CODE 6560–50–P
2070 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Proposed Rules
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Proposed Rules 2071

3. On page 65862, replace Figure 1 with new Figure 1 which has easier to read shading as follows:
2072 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Proposed Rules

4. On page 65862, column 1, the paragraph immediately following ‘‘2.8.2.1 Core Monitoring Stations for PM2.5’’

should be identified as ‘‘2.8.2.1.1.’’

5. On page 65862, column 1, paragraph 2.8.2.1.2 change ‘‘including at least one station in a population oriented

area of expected maximum concentration; (b) At least one station in an area of poor air quality’’ to ‘‘including at

least one station in a population oriented area of expected maximum concentration, and at least one station in an

area of poor air quality’’ and change ‘‘(c) at least one additional core monitor’’ to ‘‘(b) at least one additional core

monitor.’’

6. On page 65862, column 2, change paragraph ‘‘2.8.1.1.4’’ to ‘‘2.8.2.1.4.)

7. On page 65869, replace Figure 5 with new Figure 5 which has easier to read shading as follows:

BILLING CODE 6560–50–P
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Proposed Rules 2073
2074 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Proposed Rules

1As in effect October 6, 1995.

2As in effect on July 1, 1995.

8. Following page 65869, insert ‘‘2.8.3.6 In Figure 6, areas of the State included within MPA’s are shown within

heavy solid lines. Two MPA’s are illustrated. Areas in the State outside the MPA’s will also include monitors, but

this monitoring coverage may be limited. This portion of the State will also be represented by SAZ’s (shown by areas

enclosed within dotted lines). Monitors eligible for comparison to the NAAQS are indicated by ‘‘X.’’ The appropriate

monitors within an SAZ would be averaged for comparison to the annual NAAQS and examined individually for

comparison to the daily NAAQS. Other monitors are only eligible for comparison to the daily NAAQS. Both within

the MPA’s and in the remainder of the State, some special study monitors might not satisfy applicable Part 58 requirements

or will not be included in the State Monitoring Plan and will not be eligible for comparison to the NAAQS. The

latter may include SLAMS monitors designated to study regional transport or to support secondary NAAQS in unpopulated

areas.’’

[FR Doc. 97–893 Filed 1–14–97; 8:45 am]

BILLING CODE 6560–50–C

40 CFR Part 63

[FRL–5676–9]

Request for Approval of Section 112(l)

Delegated Authority; Oregon

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed approval

and delegation.

SUMMARY: EPA invites public comment

on today’s proposal to approve the

Oregon Department of Environmental

Quality (ODEQ) and the Lane Regional

Air Pollution Authority (LRAPA)

(collectively referred to as ‘‘Oregon’’)

request for delegation of authority to

implement and enforce state-adopted

hazardous air pollutant regulations

which adopt by reference the federal

National Emission Standards for

Hazardous Air Pollutants (NESHAP)

contained in 40 CFR Parts 61 and 63 as

these regulations apply to sources

required to obtain a federal operating

permit under Title V of the Clean Air

Act (CAA). EPA as well invites public

comment on its proposal to approve

specific state rules in order to recognize

conditions and limitations established

pursuant to these rules, or the rules

themselves, as federally enforceable.

DATES: All comments on the Oregon

submittal must be received by the close

of business on February 14, 1997.

ADDRESSES: Copies of the Oregon

submittal are available during normal

business hours at the following

addresses for inspection and copying:

U.S. EPA Region 10, 1200 Sixth Avenue,

Seattle, Washington 98101–9797, and

the Oregon Department of

Environmental Quality, 811 S.W. Sixth

Avenue, Portland, Oregon, 97204–1390.

Written comments should be addressed

sent to: Chris Hall, U.S. EPA Region 10,

1200 Sixth Avenue (OAQ–107), Seattle,

WA 98101.

FOR FURTHER INFORMATION CONTACT:

Chris Hall, U.S. EPA Region 10, at (206)

553–1949.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Section 112(l) of the amended Clean

Air Act of 1990 (‘‘the Act’’ or ‘‘CAA’’)

established new, more stringent

requirements upon a State or Local

agency that wishes to implement and

enforce an air toxics program pursuant

to section 112 of the Act. Prior to

November 15, 1990, delegation of

NESHAP regulations to a State or Local

agency could occur without formal

rulemaking by EPA. However, the new

section 112(l) of the Act requires EPA to

approve State and Local toxics rules and

programs under section 112 through

formal notice and comment rulemaking.

Now State and Local air agencies that

wish to implement and enforce a

federally-approved air toxics program

must make a showing to EPA that they

have adequate authorities and resources.

Approval is granted by the EPA through

the authority contained in section

112(l), and implemented through the

Federal rule found in 40 Code of Federal

Regulations (CFR) Part 63, subpart E (58

FR 62262, November 26, 1993), if the

Agency finds that: (1) The State or Local

program or rule is ‘‘no less stringent’’

than the corresponding Federal rule or

program, (2) adequate authority and

resources exist to implement the State

or Local program or rule, (3) the

schedule for implementation and

compliance is sufficiently expeditious,

and (4) the State or Local program or

rule is otherwise in compliance with

Federal guidance.

II. Discussion of the Oregon 112(l)

Submittal

On November 15, 1993, Oregon

submitted to EPA an application

requesting the delegation of authority to

implement and enforce the stateadopted rules for ‘‘Hazardous Air

Pollutants’’ found in Oregon

Administrative Regulations (OAR)

Chapter 340, Division 32 in lieu of the

Federal NESHAP regulations contained

within 40 CFR Part 61. In the submittal,

Oregon also requested that comparable

delegation be provided to LRAPA to

enforce the state regulations in Lane

County.

On August 3, 1994, Oregon

supplemented its initial application by

providing additional documentation to

support its initial request and seeking

approval of its 112(g) rules and its rules

for creating synthetic minor sources. On

March 29, 1996, Oregon further

supplemented its application by

limiting its initial request for delegation

to apply to Part 70 sources only;

requested delegation for Part 70 sources

only the authority to implement and

enforce certain 40 CFR Part 63 NESHAP

standards; and requested approval for

Part 70 sources only to substitute the

State asbestos regulations for the

asbestos NESHAP. In the March 1996

supplement, Oregon also requested

deferral of delegated federal authority to

implement sections 112(g) of the federal

CAA until the conclusion of federal

rulemaking on this program element. By

letter dated December 11, 1996, Oregon

rescinded its request to substitute its

state asbestos rule for the asbestos

NESHAP, therefore EPA will take no

action in this regard at this time.

Oregon’s section 112(l) application

contains the following documents: (1) A

written finding by the State Attorney

General and the independent legal

counsel for LRAPA stating that Oregon

has the legal authority to implement and

enforce state-adopted regulations as

well as assure compliance by all sources

within their jurisdiction; (2) a copy of

OAR Chapter 340, Division 32 1

(hereafter referred to as ‘‘OAR 340–

032’’), which contains the fully adopted

State NESHAP regulations which would

be substituted for the Federal NESHAP

regulations upon approval; (3) a copy of

OAR Chapter 340, Division 28 2

(hereafter referred to as ‘‘OAR 340–28’’),

which contains the permitting

requirements for each source subject to

OAR–340–032, including the State

synthetic minor rules, the State Air