Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35805

CFR part or section where

identified and described

Current

OMB control number

* * * * *

2. Adding entries in numerical order

to the table to read as follows:

§ 602.101 OMB Control numbers.

* * * * *

(c) * * *

CFR part or section where

identified and described

Current

OMB control number

* * * * *

48.4082–7T ............................... 1545–1608

48.4082–8T ............................... 1545–1608

48.4091–3T ............................... 1545–1608

* * * * *

48.4101–2T ............................... 1545–1608

48.4101–3T ............................... 1545–1608

* * * * *

48.6427–11T ............................. 1545–1608

* * * * *

145.4052–1 ............................... 1545–1608

1545–0120

1545–0745

1545–1076

* * * * *

Michael P. Dolan,

Deputy Commissioner of Internal Revenue.

Approved: June 17, 1998.

Donald C. Lubick,

Assistant Secretary of the Treasury.

[FR Doc. 98–17400 Filed 6–26–98; 2:02pm]

BILLING CODE 4830–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 901

[SPATS No. AL–065–FOR]

Alabama Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving an

amendment to the Alabama regulatory

program (hereinafter referred to as the

‘‘Alabama program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Alabama’s revisions to

and additions of statutes pertain to the

small operator assistance program

(SOAP), the repair of homes and other

structures materially damaged by

underground coal mining, and the

replacement of affected water supplies.

The amendments is intended to revise

the Alabama program to be consistent

with SMCRA.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Arthur W. Abbs, Director, Birmingham

Field Office, Office of Surface Mining

Reclamation and Enforcement, 135

Gemini Circle, Suite 215, Homewood,

Alabama 35209, Telephone: (205) 290–

7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Alabama Program

On May 20, 1982, the Secretary of the

Interior conditionally approved the

Alabama program. Background

information on the Alabama program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 20, 1982, Federal Register (47

FR 22062). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 901.15 and 901.16.

II. Submission of the Proposed

Amendment

By letter dated April 14, 1998

(Administrative Record No. AL–0579),

Alabama submitted an amendment to its

program pursuant to SMCRA. Alabama

submitted the amendment in response

to a May 20, 1996, letter (Administrative

Record No. AL–0555) that OSM sent to

Alabama in accordance with 30 CFR

732.17(c). OSM announced receipt of

the amendment in the April 29, 1998,

Federal Register (63 FR 23403), and in

the same document opened the public

comment period and provided an

opportunity for a public hearing or

meeting on the adequacy of the

proposed amendment. The public

comment period closed on May 29,

1998. Because no one requested a public

hearing or meeting, none was held.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the amendment.

Revisions not specifically discussed

below concern nonsubstantive wording

changes, or revised cross-references and

paragraph notations to reflect

organizational changes resulting from

this amendment.

A. Section 9–16–83. Permits; Fee

1. Alabama proposed to revise

paragraph (c) to read as follows:

(c)(1) If the regulatory authority finds that

the probable total annual production at all

locations of any surface coal mining operator

will not exceed 300,000 tons, the cost of the

following activities, which shall be

performed by a qualified public or private

laboratory or such other public or private

qualified entity designated by the regulatory

authority, shall be assumed by the regulatory

authority upon the written request of the

operator in connection with a permit

application, provided that funds are made

available to the regulatory authority for such

purposes by the Secretary of the U.S.

Department of Interior.

(A) The determination of probable

hydrologic consequences required by

subsection (b)(10), including the engineering

analyses and designs necessary for the

determination.

(B) The development of cross-section maps

and plans required by subsection (b)(13).

(C) The geologic drilling and statement of

results of test borings and core samplings

required by subsection (b)(14).

(D) The collection of archaeological

information required by subsection (b)(12)

and any other archaeological and historical

information required by the regulatory

authority, and the preparation of plans

necessitated thereby.

(E) Pre-blast surveys required by

subsection 9–16–90(b)(15)e.

(F) The collection of site-specific resource

information and production of protection and

enhancement plans for fish and wildlife

habitats and other environmental values

required by the regulatory authority under

this Act.

(2) The regulatory authority shall provide

or assume the cost of training coal operators

that meet the qualifications stated in

paragraph (1) concerning the preparation of

permit applications and compliance with the

regulatory program, and shall ensure that

qualified coal operators are aware of the

assistance available under this subsection;

provided that funds for such purposes are

made available to the regulatory authority by

the Secretary of the U.S. Department of

Interior.

The Director is approving this

revision because it is no less stringent

than section 507(c)(1) of SMCRA.

2. Alabama proposed to add new

paragraph (h) to read as follows:

(h) A coal operator that has received

assistance pursuant to subsection (c) (1) or (2)

shall reimburse the regulatory authority for

the cost of the services rendered if the

program administrator finds that the

operator’s actual and attributed annual

production of coal for all locations exceeds

300,000 tons during the 12 months

immediately following the date on which the

operator is issued the surface coal mining

and reclamation permit.
35806 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

The Director is approving this

revision because it is no less stringent

than section 507(h) of SMCRA.

B. Section 9–16–91. Underground Coal

Mining; Effects on Surface

Alabama proposed to add new

paragraph (e) to read as follows:

(e) Underground coal mining operations

conducted after the date of enactment of this

section shall comply with each of the

following requirements:

(1) Promptly repair, or compensate for,

material damage resulting from subsidence

caused to any occupied residential dwelling

and structure related thereto, or noncommercial building due to underground

coal mining operations. Repair of damage

shall include rehabilitation, restoration, or

replacement of the damaged occupied

residential dwelling and structures related

thereto, or non-commercial building.

Compensation shall be provided to the owner

of the damaged occupied residential dwelling

and structures related thereto or noncommercial building and shall be in the full

amount of the diminution in value resulting

from the subsidence. Compensation may be

accomplished by the purchase, prior to

mining, of a noncancellable premiumprepaid insurance policy.

(2) Promptly replace any drinking,

domestic, or residential water supply from a

well or spring in existence prior to the

application for a surface coal mining and

reclamation permit, which has been affected

by contamination, diminution, or

interruption resulting from underground coal

mining operations. Nothing in this section

shall be construed to prohibit or interrupt

underground coal mining operations.

The Director is approving this

revision because it is no less stringent

than section 720 of SMCRA.

IV. Summary and Disposition of

Comments

Public Comments

OSM solicited public comments on

the proposed amendment, but none

were received.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the Alabama

program.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.) None of

the revisions that Alabama proposed to

make in this amendment pertain to air

or water quality standards. Therefore,

OSM did not request the EPA’s

concurrence.

Pursuant to 30 CFR 732.17(h)(11)(i),

OSM solicited comments on the

proposed amendment from the EPA

(Administrative Record No. AL–0580).

The EPA did not respond to OSM’s

request.

State Historical Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

is required to solicit comments on

proposed amendments which may have

an effect on historic properties from the

SHPO and ACHP. OSM solicited

comments on the proposed amendment

from the SHPO and ACHP

(Administrative Record No. AL–0580).

The Alabama Historical Commission

(Commission) responded in a letter

dated May 5, 1998 (Administrative

Record No. AL–0582). The Commission

wanted to know who defines the terms

‘‘known’’ and ‘‘significant’’ at section 9–

16–83(b)(12) regarding archaeological

sites and if the Alabama Surface Mining

Commission (ASMC) or some other

agency would pay for archaeological

studies discussed at section 9–16–

83(c)(1). The Commission also wanted

clarification on what it meant to ‘‘seal

all portals’’ at section 9–16–91(b)(2),

and stated that there are historic portal

facings which need to be preserved and

that this issue needed to be more clearly

addressed. In addition, at section 9–16–

91(b)(7), the Commission wanted to

know if the proximity of culturally

significant sites to mining activities

should be of more concern in cases

where adverse effects could come from

a greater distance, i.e., blasting.

Furthermore, at section 9–16–91(b)(10),

it wanted to know if other surface

impacts not specified in section 9–16–

91(b) would be subject to section 106 of

the National Historic Preservation Act of

1966 if the ASMC received a permit.

Finally, the Commission felt that

significant cultural resources should be

addressed at section 9–16–91(c)(1)

which pertains to protecting the

stability of the land.

Alabama did not propose to amend

the above aforementioned sections of its

statutes. In addition, these statute

sections are substantially identical to

the Federal statutes at sections 507 and

516 of SMCRA, and, therefore, are not

inconsistent with the Federal

requirement. In acting on State program

amendments, the Director only

addresses those sections of a State’s

laws and regulations where revisions

are proposed by the State. However,

OSM forwarded a copy of the

Commission’s comments to the ASMC

for its consideration in future

rulemaking.

The Commission made one other

comment pertaining to Alabama’s

amendment. It stated that section 9–16–

83(c)(1)(d) needed to be clarified and

that a possible agreement be developed

between the Commission and the

ASMC. Section 9–16–83(c)(1)(d)

pertains to one activity that the ASMC

can provide assistance for to eligible

mine operators if a surface coal mining

operator does not exceed a total annual

production of 300,000 tons at all its coal

mining locations, and provided that

funds are made available to the ASMC

for such purposes by the Secretary of

the United States Department of the

Interior under the small operator

assistance program (SOAP). The

assistance allows the regulatory

authority to obtain certain services on

behalf of the operator to aid in the

preparation of a permit application.

This statute is substantially identical to

the Federal statute at section

507(c)(1)(D) of SMCRA, and is,

therefore, not inconsistent with the

Federal requirement. Any clarification

or agreement that the Commission feels

a need for must be discussed directly

with the ASMC.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Alabama

on April 14, 1998.

The Federal regulations at 30 CFR

Part 901, codifying decisions concerning

the Alabama program, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. 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.
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35807

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 corresponding 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

corresponding 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 901

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 23, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 901 is amended

as set forth below:

PART 901—ALABAMA

1. The authority citation for Part 901

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 901.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 901.15 Approval of Alabama regulatory

program amendments.

* * * * *

Original

amendment

submission

date

Date of final

publication

Citation/description

* * * * *

April 14, 1998 July 6, 1998 Code of Ala.

Sections

9–16–83(c)

and (h); 9–

16–91(e).

[FR Doc. 98–17526 Filed 6–30–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 357

[Department of the Treasury Circular, Public

Debt Series, No. 2–86]

Regulations Governing Book-Entry

Treasury Bonds, Notes, and Bills;

Determination Regarding State

Statutes; Georgia, Florida and

Connecticut

AGENCY: Bureau of the Public Debt,

Fiscal Service, Treasury.

ACTION: Determination of substantially

identical state statutes.

SUMMARY: The Department of the

Treasury is announcing that it has

reviewed the statutes of Georgia, Florida

and Connecticut which have recently

enacted laws adopting Revised Article 8

of the Uniform Commercial Code—

Investment Securities (‘‘Revised Article

8’’) and determined that they are

substantially identical to the uniform

version of Revised Article 8 for

purposes of interpreting the rules in 31

CFR Part 357, Subpart B (the ‘‘TRADES’’

regulations). Therefore, that portion of

the TRADES rule requiring application

of Revised Article 8 if a state has not

adopted Revised Article 8 will no longer

be applicable for those 3 states.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Sandy Dyson, Attorney-Advisor (202)

219–3320, or Cynthia E. Reese, Deputy

Chief Counsel (202) 219–3320.

ADDRESSES: Copies of this notice are

available for downloading from the

Bureau of the Public Debt home page at:

http://www.publicdebt.treas.gov.

SUPPLEMENTARY INFORMATION: On August

23, 1996, The Department published a

final rule to govern securities held in

the commercial book-entry system, now

referred to as the Treasury/Reserve

Automated Debt Entry System

(‘‘TRADES’’), 61 FR 43626.

In the commentary to the final

regulations, Treasury stated that for the

28 states that had by then adopted

Revised Article 8, the versions enacted

were ‘‘substantially identical’’ to the

uniform version for purposes of the rule.

Therefore, for those states, that portion

of the TRADES rule requiring

application of Revised Article 8 was not

invoked. Treasury also indicated in the

commentary that as additional states

adopt Revised Article 8, notice would

be provided in the Federal Register as

to whether the enactments are

substantially identical to the uniform

version so that the federal application of

Revised Article 8 would no longer be in

effect for those states. Treasury adopted

this approach in an attempt to provide

certainty in application of the rule in

response to public comments. Notices

have subsequently been published

setting forth Treasury’s determination

concerning 16 additional states’

enactment of Revised Article. See (62

FR 26, January 2, 1997, 62 FR 34010,

June 18, 1997, 62 FR 61912, November

20, 1997 and 63 FR 20099, April 23,

1998). Including the three states

addressed herein this brings the number

of states that have enacted Revised

Article 8 and have been the subject of

such a notice to 47. Treasury

understands that several more states

will soon enact versions of Revised

Article 8. Treasury will review those

enactments as soon as they are available

and will issue notices of determination

with respect to them.

This notice addresses the recent

adoption of Article 8 by Georgia, Florida

and Connecticut.