454 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Proposed Rules

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a

significant regulatory action as defined

in EO 12866. Therefore, a regulatory

assessment is not required. It has also

been determined that section 553(b) of

the Administrative Procedure Act (5

U.S.C. chapter 5) does not apply to this

regulation. Because the regulation does

not impose a collection of information

on small entities, the Regulatory

Flexibility Act (5 U.S.C. chapter 6) does

not apply. Pursuant to section 7805(f) of

the Code, this notice of proposed

rulemaking will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment

on its impact on small business.

Comments and Public Hearing

Before this proposed regulation is

adopted as a final regulation,

consideration will be given to any

written comments (a signed original and

eight (8) copies) that are submitted

timely to the IRS. All comments will be

available for public inspection and

copying.

A public hearing has been scheduled

for May 5, 1998, at 10 a.m. in room

2615, Internal Revenue Building, 1111

Constitution Ave., NW, Washington,

DC. Because of access restrictions,

visitors will not be admitted beyond the

building lobby more than 15 minutes

before the hearing starts.

The rules of 26 CFR 601.601(a)(3)

apply to the hearing.

Persons who wish to present oral

comments at the hearing must submit

written comments by April 6, 1998 and

submit an outline of the topics to be

discussed and the time to be devoted to

each topic (signed original and eight (8)

copies) by April 14, 1998.

A period of 10 minutes will be

allotted to each person for making

comments.

An agenda showing the scheduling of

the speakers will be prepared after the

deadline for receiving outlines has

passed. Copies of the agenda will be

available free of charge at the hearing.

Drafting Information: The principal

author of this regulation is Michael J.

Danbury of the Office of Assistant Chief

Counsel (Corporate). However, other

personnel from the IRS and Treasury

Department participated in its

development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements

Proposed Amendments to the

Regulations

Accordingly, 26 CFR part 1 is

proposed to be amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 continues to read, in part, as

follows:

Authority: 26 U.S.C. 7805 * * *

Par 2. Section 1.356–6 is added to

read as follows:

§ 1.356–6 Rules for treatment of

nonqualified preferred stock as ‘‘other

property.’’

[The text of this proposed section is

the same as the text of § 1.356–6T

published elsewhere in this issue of the

Federal Register.]

Michael P. Dolan,

Deputy Commissioner of Internal Revenue.

[FR Doc. 98–18 Filed 1–5–98; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–024–FOR]

Oklahoma 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 Oklahoma

regulatory program (hereinafter the

‘‘Oklahoma program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

revisions to and/or additions of

regulations pertaining to definitions;

reclamation plan: siltation structures,

impoundments, banks, dams, and

embankments; permit variances from

approximate original contour restoration

requirements; small operator assistance;

bond release applications; hydrologic

balance: siltation structures; disposal of

excess spoil: preexisting benches; coal

mine waste: general requirements; state

inspections and monitoring; and request

for hearing. The amendment is intended

to revise the Oklahoma program to be

consistent with the corresponding

Federal regulations.

This document set forth the times and

locations that the Oklahoma program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., February 5,

1998. If requested, a public hearing on

the proposed amendment will be held

on February 2, 1998. Requests to speck

at the hearing must be received by 4:00

p.m., c.s.t., on January 21, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office,

at the address listed below.

Copies of the Oklahoma 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 Tulsa

Field Office.

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone:

(918) 581–6430.

Oklahoma Department of Mines, 4040

N. Lincoln Blvd., Suite 107,

Oklahoma City, Oklahoma 73105,

Telephone: (405) 521–3859.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

Oklahoma program. Background

information on the Oklahoma program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the January 19, 1981, Federal Register

(46 FR 4902). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 936.15 and 936.16.

II. Description of the Proposed

Amendment

By letter dated December 18, 1997

(Administrative Record No. OK–981),

Oklahoma submitted a proposed
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Proposed Rules 455

amendment to its program pursuant to

SMCRA. Oklahoma submitted the

proposed amendment in response to a

June 17, 1997, letter (Administrative

Record No. 979) that OSM sent to

Oklahoma in accordance with 30 CFR

732.17(c). Oklahoma proposes to amend

the Oklahoma rules. The full text of the

proposed program amendment

submitted by Oklahoma is available for

public inspection at the locations listed

above under ADDRESSES. A brief

discussion of the proposed amendment

is presented below.

A. 460:20–3–5. Definitions

1. Oklahoma proposes to add a

definition for ‘‘other treatment

facilities.’’

2. Oklahoma proposes to revise its

definition for ‘‘previously mined area.’’

3. Oklahoma proposes to add a

definition for ‘‘siltation structure.’’

B. 460:20–27–14. and 460:20–31–9.

Reclamation Plan; Ponds,

Impoundments, Banks, Dams, and

Embankments

1. In the titles to these sections,

Oklahoma proposes to replace the word

‘‘ponds’’ with the words ‘‘siltation

structure.’’

2. At paragraphs (a), Oklahoma

proposes to replace the words

‘‘sedimentation ponds’’ with the words

‘‘siltation structure.’’

3. At paragraphs (a)(2), Oklahoma

proposes to add language that makes

specific references to the U.S.

Department of Agriculture, Soil

Conservation Service Technical Release

No. 60 criteria for dam classification

and requires compliance with this

technical release if structures meet or

exceed the size or other criteria of the

Mine Safety and Health Administration.

4. At paragraphs (b), Oklahoma

proposes to change the term

‘‘Sedimentation ponds’’ to ‘‘Siltation

structures’’ throughout these

paragraphs. The State also proposes to

make a minor wording changes to these

paragraphs.

C. 460:20–27–14. Reclamation Plan:

Ponds, Impoundments, Banks, Dams,

and Embankments

Oklahoma proposes to revise

paragraph (f) by deleting the phrase, ‘‘If

the structure is 20 feet or higher or

impounds more than 20 acre-feet,’’ and

replacing it with the phrase, ‘‘If the

structure meets the Class B or C criteria

for dams in TR–60 or meets the size or

other criteria of 77.216(a) of this

Chapter.’’

D. 460:20–31–9. Reclamation Plan:

Ponds, Impoundments, Banks, Dams,

and Embankments

Oklahoma proposes to revise

paragraph (f) by deleting the phrase, ‘‘If

the structure is 20 feet or higher or

impounds more than 20 acre-feet,.’’

E. 460:20–33–6. Permits Incorporating

Variances from Approximate Original

Contour Restoration Requirements

Oklahoma proposes to revise

paragraph (a) to clearly define that the

State may issue a permit for

nonmountaintop removal ‘‘steep slope’’

mining and that this type of permit

includes a variance from the

requirements of certain sections in its

regulations.

F. 460:20–35–6. Program Services and

Data Requirements

Oklahoma proposes to revise

paragraph (a) to read as follows:

(a) To the extent possible with

available funds, the program

administrator shall select and pay a

qualified laboratory to make the

determination and statement and

provide other services referenced in

Subsection (b) of this Section for eligible

operators who request assistance.

G. 460:20–37–15. Requirement to

Release Performance Bonds

Oklahoma proposes to add paragraph

(a)(3) to read as follows:

(3) The permittee shall include in the

application for bond release a notarized

statement which certifies that all

applicable reclamation activities have

been accomplished in accordance with

the requirements of the Act, the

Department, and the approved

reclamation plan. Such certification

shall be submitted for each application

or phase of bond release.

H. 460:20–43–12. and 460:20–45–12.

Hydrologic Balance: Siltation Structures

Oklahoma proposes to delete

paragraphs (a)(1) which are definitions

of ‘‘siltation structure’’ and to

redesignate paragraphs (a)(2) as

paragraphs (a)(1). Oklahoma also

proposes to delete paragraphs (a)(3)

which are definitions of ‘‘other

treatment facilities.’’

I. 460:20–43–27. and 460:20–45–27.

Disposal of Excess Spoil: Preexisting

Benches

Oklahoma proposes to revise

paragraphs (c) to require the designs to

be certified by a registered professional

engineer. The spoil shall also be placed

on the solid portion of the bench in a

controlled manner and concurrently

compacted as necessary to attain a longterm static safety factor of 1.3 for all

portions of the fill. Any spoil deposited

on any fill of the bench will be treated

as excess spoil fill under 20:43–24.

J. 460:20–43–29. and 460:20–45–29.

Coal Mine Waste: General Requirements

Oklahoma proposes to revise

paragraphs (a) by adding the phrase

‘‘disposed of in an area other than the

mine workings or excavations.’’

K. 460:20–57–2. State Inspections and

Monitoring

1. Oklahoma proposes to revise

paragraph (g)(2) by deleting the words,

‘‘or the Office.’’

2. Oklahoma proposes to revise

paragraph (g)(4) by deleting the phrase,

‘‘or permit revocation proceedings have

been initiated and are being pursued

diligently;.’’

3. Oklahoma proposes to revise

paragraph (h)(1) to require that the State

inspect each abandoned coal mine site

on a set frequency commensurate with

the public health and safety and

environmental considerations present at

each specific site.

In no case shall the inspection

frequency be set at less than one

complete inspection per calendar year.

Oklahoma also proposes procedures for

selecting the inspection frequency for

each site.

L. 460:20–61–11. Request for Hearing

Oklahoma proposes to revise

paragraph (a) by changing from 15 days

to 30 days the amount of time a person

has to submit a petition for requesting

a hearing after the date of service of the

conference officer’s action.

M. Regulations With Editorial Changes

Oklahoma proposes to make citation

corrections at 460:20–27–7 and 460:20–

31–16, Operation plan: Maps and plans.

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

Oklahoma program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations to support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Tulsa Field Office will

not necessarily be considered in the
456 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Proposed Rules

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., c.s.t. on January

21, 1998. The location and time of the

hearing will be arranged will be

arranged with those persons requesting

the hearing. 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. If no one requests an

opportunity to speak at the public

hearing the 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.

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 location 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

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 29, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 98–177 Filed 1–05–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN76–1; FRL–5945–9]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) proposes to approve

Indiana’s request to grant an exemption

for the northwest Indiana (Lake and

Porter Counties) severe ozone

nonattainment area from the otherwise

applicable Oxides of Nitrogen (NOX)

transportation conformity requirements.

On May 24, 1996, the Indiana

Department of Environmental

Management (IDEM) submitted to the

EPA a State Implementation Plan (SIP)

revision request for an exemption under

section 182(b)(1) of the Clean Air Act

(Act) from the transportation conformity

requirements for NOX for the northwest

Indiana (Lake and Porter Counties)

severe ozone nonattainment area. On

November 26, 1996, IDEM submitted

additional materials, including Public

Hearing documentation to complete the

submittal. The request is based on the

urban airshed modeling (UAM)

conducted for the attainment

demonstration for the Lake Michigan

Ozone Study (LMOS) modeling domain.

The rationale for this proposed approval

is set forth below; additional

information is available at the address

indicated below.

DATES: Written comments on this

proposed action must be received by

February 5, 1998.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), EPA, Region

5, 77 West Jackson Boulevard, Chicago,

Illinois 60604–3590. Copies of the SIP

revision and supporting documentation,