40384 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 / Proposed Rules

to sections 985 and 1001. The temporary

regulations contain rules relating to

conversion to the euro.

The text of those temporary

regulations also serves as the text of

these proposed regulations. The

preamble to the temporary regulations

explains the temporary regulations.

Request for Additional Comments

The Treasury and IRS request

additional comments on the following

issues.

(1) Whether the final regulations

should contain guidance (and the

substance of any such guidance)

concerning the application of sections

1092 and 1259. Comments should

separately address the rules for periods

before May 3, 1998, between May 3,

1998 and December 31, 1998, and after

December 31, 1998.

(2) Whether guidance is necessary

with respect to section 905, relating to

the redetermination of taxes in postconversion years.

(3) Whether a QBU whose functional

currency was a currency other than a

legacy currency, but whose functional

currency should properly be the euro

after the conversion, should be deemed

to have automatically changed its

functional currency to the euro.

(4) Whether the regulations

adequately address QBUs with

functional currencies of countries that

adopt the euro in the future. The

Treasury and IRS also request comments

regarding guidance clarifying the

treatment of section 988 transactions

that are held by euro functional

currency QBUs and that are

denominated in a currency that is

replaced by the euro in the future.

(5) Whether guidance is necessary to

address integrated section 988 hedging

transactions. It is intended that these

regulations be applied to section 988

integrated hedging transactions under

section 988(d) on an integrated basis. If

a QBU subsequently legs out of a

position of a section 988 integrated

hedging transaction after the euro

conversion, a leg that formerly was a

legacy currency position prior to the

conversion will be a euro denominated

position after the conversion, and the

section 988 rules should then be applied

to the euro denominated position.

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) and the Regulatory

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

not apply to these regulations, and,

therefore, a Regulatory Flexibility

Analyses is not required. Pursuant to

section 7805(f) of the Internal Revenue

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 these proposed regulations are

adopted as final regulations,

consideration will be given to any

written comments (preferably 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 Tuesday, October 20, 1998, at 10

a.m., in room 2615, Internal Revenue

Building, 1111 Constitution Avenue

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 that wish to present oral

comments at the hearing must submit

written comments by October 1, 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 September 29, 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 authors of these

regulations are Howard A. Wiener, of

the Office of Associate Chief Counsel

(International) and Thomas Preston of

the Office of Associate Chief Counsel

(Domestic). However, other personnel

from the IRS and Treasury Department

participated in their development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements.

Proposed Amendment 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 1.985–8 is added to

read as follows:

§ 1.985–8 Special rules applicable to the

European Monetary Union (conversion to

the euro).

[The text of this proposed section is

the same as the text of § 1.985–8T

published elsewhere in this issue of the

Federal Register.]

Par. 3. Section 1.1001–5 is added to

read as follows:

§ 1.1001–5 European Monetary Union

(conversion to the euro).

[The text of this proposed section is

the same as the text of § 1.1001–5T

published elsewhere in this issue of the

Federal Register.]

Michael P. Dolan,

Deputy Commissioner of Internal Revenue

Service.

[FR Doc. 98–20024 Filed 7–28–98; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 950

[WY–028–FOR]

Wyoming 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: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the Wyoming regulatory

program (hereinafter, the ‘‘Wyoming

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The proposed amendment

consists of revisions to rules and

statutes pertaining to: fish and wildlife

habitat and resource information, shrub

density, certification of maps by a

registered professional engineer,

geologic descriptions, topsoil

substitutes, special bituminous coal

mines, archaeological and historic

resources, permit transfers, civil

penalties, and miscellaneous changes to

Appendix A, which concerns vegetation

sampling methods and reclamation

success standards for surface coal
Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 / Proposed Rules 40385

mining operations. The amendment is

intended to revise the Wyoming

program to be consistent with the

corresponding Federal regulations, to

clarify ambiguities, and to improve

operational efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.d.t. August 28,

1998. If requested, a public hearing on

the proposed amendment will be held

on August 24, 1998. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.d.t. on August

13, 1998.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the Wyoming program, the

proposed amendment, 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 Casper Field Office.

Guy Padgett, Field Office Director,

Casper Field Office, Office of Surface

Mining Reclamation and

Enforcement, 100 East ‘‘B’’ Street,

Federal Building, Room 2128, Casper,

Wyoming 82601–1918

Rick Chancellor, Administrator, Land

Quality Division, Department of

Environmental Quality, Herschler

Building—3rd Floor West, 122 West

25th Street, Cheyenne, Wyoming

82002, Telephone: 307–777–7046.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, 307/261–6550; Internet:

GPADGETT@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming

Program

On November 26, 1980, the Secretary

of the Interior conditionally approved

the Wyoming program. General

background information on the

Wyoming program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the Wyoming program can

be found in the November 26, 1980,

Federal Register (45 FR 78637).

Subsequent actions concerning

Wyoming’s program and program

amendments can be found at 30 CFR

950.12, 950.15, and 950.16.

II. Proposed Amendment

By letter dated July 13, 1998,

Wyoming submitted a proposed

amendment (administrative record No.

WY–32–1) to its program pursuant to

SMCRA, 30 U.S.C. 1201 et seq.

Wyoming submitted the proposed

amendment in response to the required

program amendments at 30 CFR

950.16 (b), (c), (g), (v), (x), (ii)(1), and

(kk), and at its own initiative. The

provisions of the Wyoming Coal Rules

and Regulations that Wyoming

proposed to revise were: (1) Chapter 1,

section 2(ac), revises the definition of

‘‘eligible land’’ in the definitions section

by adding the exact date of approval of

the shrub density rule, August 6, 1996;

(2) Chapter 2, Section 1(e), revises the

section delineating the contents of

permit applications by deleting

reference to the defunct State

Conservation Commission; (3) Chapter

2, Section 2(a)(vi)(G)(II), requires

notification of the U.S. Fish and

Wildlife Service by the Wyoming

Administrator of the Land Quality

Division if critical or crucial habitat

disruption is likely; (4) Chapter 2,

Section 2(a)(vi)(H), requires in the

permit application a description of the

areal and structural geology of the

permit area and, by extrapolation,

adjacent areas; (5) Chapter 2, Section

2(a)(vi)(J), corrects incorrect references

to the Wyoming Statutes; (6) Chapter 2,

Section 2(a)(vi)(J)(II), requires maps

submitted in a permit application to

depict the strike and dips of coal seams;

(7) Chapter 2, Section 2(b)(iv)(C) revises

the subsection on revegetation by

deleting reference to the defunct State

Conservation Commission; (8) Chapter

2, Section 2(b)(vi)(C), requires the

submission of resource information

when requested by the U.S. Fish and

Wildlife Service; (9) Chapter 4, Section

2(c)(ix), allows the use of selected spoil

material as a topsoil or subsoil

substitute; (10) Chapter 4, Section

2(d)(x)(E)(I), revises the rule on shrub

density to add the exact date of the

approval of the rule, August 6, 1996;

(11) Chapter 4, Section 2(d)(x)(E)(III),

revises the rule to be consistent with the

Wyoming Statute because the rule did

not clarify that the Wyoming Game and

Fish Department only has approval

authority for revegetation standards on

crucial habitat declared as such prior to

the submittal of a permit application or

any subsequent amendment; (12)

Chapter 8, Section 3–4, revises the rules

on special bituminous coal mines by

establishing special alternative

standards for new special bituminous

surface coal mines; (13) Chapter 12,

Section 1(a)(v)(B), requires that the

effect on properties on the National

Register of Historic Places must be taken

into account prior to permit approval;

(14) Chapter 12, Section 1(a)(v)(C),

revises the rule on permitting

procedures by adding the word, ‘‘any’’

in front of ‘‘properties listed or eligible

for listing on the National Register of

Historic Places’’; (15) Chapter 12,

Section 1(b)(ii), revises the rule on

permitting procedures by deleting, for

permit transfers, the reference to the

public participation requirements in

Wyoming Statute 35–11–406(g); (16)

Chapter 16, Section 3 (c) and (f),

corrects the reference to the Wyoming

Statute concerning civil penalties; (17)

Appendix A, Appendix IV, revises the

rules by adding additional plants to the

List of Threatened and Endangered

Species in Wyoming; (18) Appendix A,

Options I–IV, makes 11 minor changes

to the shrub density option tables; (19)

Appendix A, Section II.C.2.c, corrects

the cross-reference to the rule on

cropland, hayland or pastureland; (20)

Appendix A, Section II.C.3, removes the

language referring to the approval of the

shrub density rule and replaces it with

the exact date of approval of that rule,

August 6, 1996; (21) Appendix A,

section VIII.E, removes the language

referring to the approval of the shrub

density rule with the exact date of the

approval of that rule, August 6, 1996.

III. Public Comment Procedures

In accordance with 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

Wyoming program.

1. 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 Casper Field Office will

not necessarily be considered in the

final rulemaking or included in the

administrative record.

2. Public Hearings

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.d.t. on August 13, 1998. 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. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.
40386 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 / Proposed Rules

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 testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

hear.

3. Public Meeting

If only one person requests an

opportunity to testify 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 contracting 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

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning Review).

2. 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 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

the Federal regulations at 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.

3. 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)).

4. 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.).

5. 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

that 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.

6. 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 950

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 22, 1998.

Peter A. Rutledge,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 98–20262 Filed 7–28–98; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[CO–001–0026b; FRL–6131–8]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Colorado; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

approve the Colorado plan and

associated regulations for implementing

the Municipal Solid Waste (MSW)

Landfill Emission Guidelines at 40 CFR

part 60, subpart Cc, which were

required pursuant to section 111(d) of

the Clean Air Act (Act). The State’s

plan, which was submitted to EPA on

April 13, 1998, establishes performance

standards for existing MSW landfills

and provides for the implementation

and enforcement of those standards.

In the Final Rules section of this

Federal Register, the EPA is approving

the State’s submittal in a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

action and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to the direct final

rule, no further activity is contemplated.

If EPA receives adverse comments, the

direct final rule will be withdrawn and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period.

Any parties interested in commenting

should do so at this time.

DATES: Comments must be received in

writing on or before August 28, 1998.

ADDRESSES: Written comments on this

action may be mailed to Vicki Stamper,

8P2–A, at the EPA Regional VIII Office

listed. Copies of the documents relevant

to this proposed rule are available for

public inspection during normal

business hours at the Air Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466. Copies of

the State documents relevant to this

proposed rule are available for public

inspection at the Air Pollution Control

Division, Colorado Department of Public

Health and Environment, 4300 Cherry

Creek Drive South, Denver, Colorado

80222–1530.