60478 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 

2. In paragraph (c)(2)(i), the language 

‘‘A business’’ is removed, and ‘‘Except 

as otherwise provided in this paragraph 

(c), a business’’ is added in its place. 

3. Paragraphs (c)(2)(iv), (c)(2)(v), 

(e)(3), and (e)(4) are added. 

The additions read as follows: 

§ 301.7701–2 Business entities; 

definitions. 

(a) * * * But see paragraphs (c)(2)(iv) 

and (v) of this section for special 

employment and excise tax rules that 

apply to an eligible entity that is 

otherwise disregarded as an entity 

separate from its owner. 

* * * * * 

(c) * * * 

(2) * * * 

(iv) Special rule for employment tax 

purposes—(A) In general. Paragraph 

(c)(2)(i) of this section (relating to 

certain wholly owned entities) does not 

apply to taxes imposed under Subtitle 

C—Employment Taxes and Collection of 

Income Tax (Chapters 21, 22, 23, 23A, 

24, and 25 of the Internal Revenue 

Code). 

(B) Example. The following example 

illustrates the application of paragraph 

(c)(2)(iv) of this section: 

Example. (i) LLCA is an eligible entity 

owned by individual A and is generally 

disregarded as an entity separate from its 

owner for federal tax purposes. However, 

LLCA is treated as an entity separate from its 

owner for purposes of subtitle C of the 

Internal Revenue Code. LLCA has employees 

and pays wages as defined in sections 

3121(a), 3306(b), and 3401(a). 

(ii) LLCA is subject to the provisions of 

subtitle C of the Internal Revenue Code and 

related provisions under 26 CFR subchapter 

C, Employment Taxes and Collection of 

Income Tax at Source, parts 31 through 39. 

Accordingly, LLCA is required to perform 

such acts as are required of an employer 

under those provisions of the Code and 

regulations thereunder that apply. All 

provisions of law (including penalties) and 

the regulations prescribed in pursuance of 

law applicable to employers in respect of 

such acts are applicable to LLCA. Thus, for 

example, LLCA is liable for income tax 

withholding, Federal Insurance 

Contributions Act (FICA) taxes, and Federal 

Unemployment Tax Act (FUTA) taxes. See 

sections 3402 and 3403 (relating to income 

tax withholding); 3102(b) and 3111 (relating 

to FICA taxes), and 3301 (relating to FUTA 

taxes). In addition, LLCA must file under its 

name and EIN the applicable Forms in the 

94X series, for example, Form 941, 

‘‘Employer’s Quarterly Employment Tax 

Return,’’ Form 940, ‘‘Employer’s Annual 

Federal Unemployment Tax Return;’’ file 

with the Social Security Administration and 

furnish to LLCA’s employees statements on 

Forms W–2, ‘‘Wage and Tax Statement;’’ and 

make timely employment tax deposits. See 

§§ 31.6011(a)-1, 31.6011(a)-3, 31.6051–1, 

31.6051–2, and 31.6302–1 of this chapter. 

(iii) A is self-employed for purposes of 

subtitle A, chapter 2, Tax on SelfEmployment Income, of the Internal Revenue 

Code. Thus, A is subject to tax under section 

1401 on A’s net earnings from selfemployment with respect to LLCA’s 

activities. A is not an employee of LLCA for 

purposes of subtitle C of the Code. Because 

LLCA is treated as a sole proprietorship of A 

for income tax purposes, A is entitled to 

deduct trade or business expenses paid or 

incurred with respect to activities carried on 

through LLCA, including the employer’s 

share of employment taxes imposed under 

sections 3111 and 3301, on A’s Form 1040, 

Schedule C, ‘‘Profit or Loss for Business (Sole 

Proprietorship).’’

(v) Special rule for certain excise tax 

purposes—(A) In general. Paragraph 

(c)(2)(i) of this section (relating to 

certain wholly owned entities) does not 

apply for purposes of—

(1) Federal tax liabilities imposed by 

Chapters 31, 32 (other than section 

4181), 33, 34, 35, 36 (other than section 

4461), and 38 of the Internal Revenue 

Code, or any floor stocks tax imposed on 

articles subject to any of these taxes; 

(2) Collection of tax imposed by 

Chapter 33 of the Internal Revenue 

Code; 

(3) Registration under sections 4101, 

4222, and 4412; and 

(4) Claims of a credit (other than a 

credit under section 34), refund, or 

payment related to a tax described in 

paragraph (c)(2)(v)(A)(1) of this section. 

(B) Example. The following example 

illustrates the provisions of this 

paragraph (c)(2)(v). 

Example. (i) LLCB is an eligible entity that 

has a single owner, B. LLCB is generally 

disregarded as an entity separate from its 

owner. However, under paragraph (c)(2)(v) of 

this section, LLCB is treated as an entity 

separate from its owner for certain purposes 

relating to excise taxes. 

(ii) LLCB mines coal from a coal mine 

located in the United States. Section 4121 of 

chapter 32 of the Internal Revenue Code 

imposes a tax on the producer’s sale of such 

coal. Section 48.4121–1(a) of this chapter 

defines a ‘‘producer’’ generally as the person 

in whom is vested ownership of the coal 

under state law immediately after the coal is 

severed from the ground. LLCB is the person 

that owns the coal under state law 

immediately after it is severed from the 

ground. Under paragraph (c)(2)(v)(A)(1) of 

this section, LLCB is the producer of the coal 

and is liable for tax on its sale of such coal 

under chapter 32 of the Internal Revenue 

Code. LLCB must report and pay tax on Form 

720, ‘‘Quarterly Federal Excise Tax Return,’’

under its own name and taxpayer 

identification number. 

(iii) LLCB uses undyed diesel fuel in an 

earthmover that is not registered or required 

to be registered for highway use. Such use is 

an off-highway business use of the fuel. 

Under section 6427(l), the ultimate purchaser 

is allowed to claim an income tax credit or 

payment related to the tax imposed on diesel 

fuel used in an off-highway business use. 

Under paragraph (c)(2)(v) of this section, for 

purposes of the credit or payment allowed 

under section 6427(l), LLCB is the person 

that could claim the amount on its Form 720 

or on a Form 8849, ‘‘Claim for Refund of 

Excise Taxes.’’ Alternatively, if LLCB did not 

claim a payment during the time prescribed 

in section 6427(i)(2) for making a claim 

under section 6427, § 1.34–1 of this chapter 

provides that B, the owner of LLCB, could 

claim the income tax credit allowed under 

section 34 for the nontaxable use of diesel 

fuel by LLCB. 

* * * * * 

(e) * * * 

(3) Paragraph (c)(2)(iv) of this section 

applies with respect to wages paid on or 

after January 1 following the date these 

regulations are published as final 

regulations in the Federal Register. 

(4) Paragraph (c)(2)(v) of this section 

applies to liabilities imposed and 

actions first required or permitted in 

periods beginning on or after January 1 

following the date these regulations are 

published as final regulations in the 

Federal Register. 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 05–20765 Filed 10–17–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 915 

[Docket No. IA–015–FOR] 

Iowa 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, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing a proposed 

amendment to the Iowa regulatory 

program (Iowa program) under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Iowa proposes to amend its rules 

regarding small operator assistance. 

Iowa intends to revise its program to be 

consistent with the corresponding 

Federal regulations and SMCRA. 

This document gives the times and 

locations that the Iowa program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60479 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on the amendment until 4 

p.m., c.t., November 17, 2005. If 

requested, we will hold a public hearing 

on the amendment on November 14, 

2005. We will accept requests to speak 

at a hearing until 4 p.m., c.t. on 

November 2, 2005. 

ADDRESSES: You may submit comments, 

identified by Docket No. IA–015–FOR, 

by any of the following methods: 

• E-mail: IFOMAIL@osmre.gov. 

Include Docket No. IA–015–FOR in the 

subject line of the message. 

• Mail/Hand Delivery: Andrew R. 

Gilmore, Chief, Alton Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 501 Belle Street, 

Alton, Illinois 62002. 

• Fax: (618) 463–6470. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Iowa program, this 

amendment, a listing of any scheduled 

public hearings, and all written 

comments received in response to this 

document, you must go to the address 

listed below during normal business 

hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Alton Field Division. 

Andrew R. Gilmore, Chief, Alton Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 501 Belle 

Street, Alton, Illinois 62002, Telephone: 

(618) 463–6460, E-mail: 

IFOMAIL@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: Iowa 

Department of Agriculture and Land 

Stewardship, Division of Soil 

Conservation, Henry A. Wallace 

Building, Des Moines, Iowa 50319, 

Telephone: (515) 281–6147. 

FOR FURTHER INFORMATION CONTACT: 

Andrew R. Gilmore, Chief, Alton Field 

Division. Telephone: (618) 463–6460. Email: IFOMAIL@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Iowa Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Iowa 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 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 Iowa 

program effective April 10, 1981. You 

can find background information on the 

Iowa program, including the Secretary’s 

findings, the disposition of comments, 

and the conditions of approval, in the 

January 21, 1981, Federal Register (46 

FR 5885). You can also find later actions 

concerning the Iowa program and 

program amendments at 30 CFR 915.10, 

915.15, and 915.16. 

II. Description of the Proposed 

Amendment 

By letter dated August 19, 2005 

(Administrative Record No. IA–450), the 

Iowa Department of Agriculture and 

Land Stewardship, Division of Soil 

Conservation (IDSC) sent us a copy of 

the coal mine rules it had adopted on 

March 30, 2005. Included in the 

adopted rules were changes to Iowa’s 

rule at 27—40.41(207) regarding small 

operator assistance that we had not 

previously approved. Iowa proposed the 

changes in response to a required 

program amendment at 30 CFR 

915.16(b). 

27—40.41(207) Permanent Regulatory 

Program—Small Operator Assistance 

Program 

Iowa proposes to add the following 

new subrules at rule 27—40.41(207): 

Subrule 40.41(3) 

Eligibility thresholds for annual 

production in tons at 30 CFR 795.6(a)(2) 

shall not apply until the same threshold 

at Iowa Code section 207.4(1)(d) has 

been amended from 100,000 tons to 

300,000 tons. 

Subrule 40.41(4) 

Program services at 30 CFR 

795.9(b)(3) through 795.9(b)(6) shall not 

apply until Iowa Code section 

207.4(1)(d) has been amended to 

authorize these services. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the changes to 

27—40.41(207) satisfy the applicable 

program approval criteria of 30 CFR 

732.15. If we approve the changes, they 

will become part of the State program. 

Written Comments 

Send your written or electronic 

comments to OSM at the address given 

above. Your written comments should 

be specific, pertain only to the issues 

proposed in this rulemaking, and 

include explanations in support of your 

recommendations. We will not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES). We will make 

every attempt to log all comments into 

the administrative record, but comments 

delivered to an address other than the 

Alton Field Division may not be logged 

in. 

Electronic Comments 

Please submit e-mail comments as an 

ASCII or Word file avoiding the use of 

special characters and any form of 

encryption. Please also include ‘‘Attn: 

Docket No. IA–015–FOR’’ and your 

name and return address in your e-mail 

message. If you do not receive a 

confirmation that we have received your 

Internet message, contact the Alton 

Field Division at (618) 463–6460. 

Availability of Comments 

We will make comments, including 

names and addresses of respondents, 

available for public review during 

normal business hours. We will not 

consider anonymous comments. If 

individual respondents request 

confidentiality, we will honor their 

request to the extent allowable by law. 

Individual respondents who wish to 

withhold their name or address from 

public review, except for the city or 

town, must state this prominently at the 

beginning of their comments. We will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public review in their entirety. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., c.t. on November 2, 2005. If you 

are disabled and need special 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

60480 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 

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 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

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 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

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. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 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 

because each 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. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

This determination is based on the fact 

that the Iowa program does not regulate 

coal exploration and surface coal 

mining and reclamation operations on 

Indian lands. Therefore, the Iowa 

program has no effect on Federallyrecognized Indian tribes. 

Executive Order 13211—Regulations 

That Significantly Affect The Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because 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 

certifies 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. 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. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the fact 

that the State submittal, which is the 

subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60481 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 915 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: September 8, 2005. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Region. 

[FR Doc. 05–20787 Filed 10–17–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 936 

[Docket No. OK–030–FOR] 

Oklahoma 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, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Oklahoma 

regulatory program (Oklahoma program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Oklahoma proposes revisions to 

rules concerning cross sections, maps, 

and plans; subsidence control; 

impoundments; revegetation success 

standards; roads; and review of decision 

not to inspect or enforce. Oklahoma 

intends to revise its program to provide 

additional safeguards, clarify 

ambiguities, and improve operational 

efficiency. This document gives the 

times and locations that the Oklahoma 

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., c.d.t. November 17, 2005. If 

requested, we will hold a public hearing 

on the amendment on November 14, 

2005. We will accept requests to speak 

at a hearing until 4 p.m., c.d.t. on 

November 2, 2005. 

ADDRESSES: You may submit comments, 

identified by Docket No. OK–030–FOR, 

by any of the following methods: 

• E-mail: mwolfrom@osmre.gov. 

Include ‘‘Docket No. OK–030–FOR’’ in 

the subject line of the message. 

• Mail/Hand Delivery: Michael C. 

Wolfrom, Director, Tulsa Field Office, 

Office of Surface Mining Reclamation 

and Enforcement, 5100 East Skelly 

Drive, Suite 470, Tulsa, Oklahoma 

74135–6547. 

• Fax: (918) 581–6419. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Oklahoma program, 

this amendment, a listing of any 

scheduled public hearings, and all 

written comments received in response 

to this document, you must go to the 

address listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the 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, E-mail: 

mwolfrom@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Oklahoma Department of Mines, 4040 

N. Lincoln Blvd., Suite 107, Oklahoma 

City, Oklahoma 73105, Telephone: (405) 

427–3859. 

FOR FURTHER INFORMATION CONTACT: 

Michael C. Wolfrom, Director, Tulsa 

Field Office. Telephone: (918) 581–

6430. E-mail: mwolfrom@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Oklahoma Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Oklahoma 

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 program 

includes, among other things, ‘‘* * * 

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 Oklahoma 

program on January 19, 1981. You can 

find background information on the 

Oklahoma program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Oklahoma program in 

the January 19, 1981, Federal Register 

(46 FR 4902). You can also find later 

actions concerning the Oklahoma 

program and program amendments at 30 

CFR 936.10, 936.15 and 936.16. 

II. Description of the Proposed 

Amendment 

By letter dated July 15, 2005 

(Administrative Record No. OK–946.02), 

Oklahoma sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Oklahoma sent the amendment 

to include the changes made at its own 

initiative. Below is a summary of the 

changes proposed by Oklahoma. Any 

revisions that we do not specifically 

discuss below concern nonsubstantive 

wording or editorial changes or 

corrections of cross-references. The full 

text of the program amendment is 

available for you to read at the locations 

listed above under ADDRESSES. 

A. 460:20–25–11, and 460:20–29–11. 

Cross Sections, Maps, and Plans 

Oklahoma proposed to delete 

subsections (a)(11) that require permit 

applicants to include on cross sections, 

maps, and plans, sufficient slope 

measurements to adequately represent 

the existing land surface configuration 

of the proposed permit area. 

B. 460:20–31–13. Subsidence Control 

Plan 

Oklahoma proposed to revise 

subsection (a)(3) so that, for areas where 

unplanned subsidence is projected to be 

used, an underground mining permit 

application does not have to include a 

pre-subsidence survey of: (1) the 

condition of all non-commercial 

buildings or occupied residential 

dwellings and related structures thereto, 

or (2) the quantity and quality of all 

drinking, domestic, and residential 

water supplies within the permit and 

adjacent areas.