Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules 66377

minutes before the hearing starts. For

information about having your name

placed on the building access list to

attend the hearing, see the FOR FURTHER

INFORMATION CONTACT section of this

preamble.

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 an

outline of the topics to be discussed and

the time to be devoted to each topic

(signed original and eight (8) copies) by

February 21, 2002.

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 these

regulations is Paul F. Handleman, Office

of the Associate Chief Counsel

(Passthroughs and Special Industries),

IRS. 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 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 is amended by adding an entry

in numerical order to read as follows:

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

Section 1.45D–1 also issued under 26

U.S.C. 45D(i); * * *

Par. 2. Section 1.45D–1 is added to

read as follows:

§ 1.45D–1 New markets tax credit.

[The text of proposed § 1.45D–1 is the

same as the text of § 1.45D–1T

published elsewhere in this issue of the

Federal Register].

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

[FR Doc. 01–31529 Filed 12–21–01; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 918

[SPATS No. LA–021–FOR]

Louisiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: We, the Office of Surface

Mining Reclamation and Enforcement

(OSM), are announcing receipt of

revisions to a previously proposed

amendment to the Louisiana regulatory

program (Louisiana program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA or the

Act). The revisions concern valid

existing rights. Louisiana intends to

revise its program to be consistent with

the corresponding Federal regulations.

DATES: We will accept written

comments until 4 p.m., c.s.t., January

10, 2002.

ADDRESSES: You should mail or hand

deliver written comments to Michael C.

Wolfrom, Director, Tulsa Field Office, at

the address listed below.

You may review copies of the

Louisiana program, the amendment, and

all written comments received in

response to this document at the

addresses 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,

5100 East Skelly Drive, Suite 470,

Tulsa, Oklahoma 74135–6547,

Telephone: (918) 581–6430

Department of Natural Resources, Office

of Conservation, Injection and Mining

Division, 625 N. 4th Street, P. O. Box

94275, Baton Rouge, LA 70804,

Telephone: (225) 342–5540

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office. Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Louisiana

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 the Act * * *;

and rules and regulations consistent

with regulations issued by the Secretary

pursuant to the Act.’’ See 30 U.S.C.

1253(a)(1) and (7). On the basis of these

criteria, the Secretary of the Interior

approved the Louisiana program on

October 10, 1980. You can find

background information on the

Louisiana program, including the

Secretary’s findings and the disposition

of comments in the October 10, 1980,

Federal Register (45 FR 67340). You can

find later actions concerning the

Louisiana program at 30 CFR 918.15 and

918.16.

II. Discussion of the Proposed

Amendment

By letter dated August 3, 2001

(Administrative Record No. LA–366.04),

Louisiana sent us an amendment to its

program under SMCRA and the Federal

regulations at 30 CFR 732.17(b).

Louisiana sent the amendment in

response to our letters dated August 23,

2000, and March 14, 2001

(Administrative Record Nos. LA–366

and LA–366.03, respectively), that we

sent to Louisiana under 30 CFR

732.17(c).

We announced receipt of the

amendment in the September 20, 2001,

Federal Register (66 FR 48393) and

invited public comment on its

adequacy. The public comment period

closed October 22, 2001.

During our review of the amendment,

we identified concerns about the

proposed amendment. We notified

Louisiana of these concerns by letter

dated November 14, 2001

(Administrative Record No. LA–366.08).

By letter dated November 20, 2001,

Louisiana sent us a revised amendment

(Administrative Record No. LA–366.09).

Louisiana submitted additional

revisions for the following provisions of

the amendment:

A. Section 105, Definition of Valid

Existing Rights

Louisiana proposes to add a provision

at paragraph c.4 of its proposed

definition to provide that a person who

claims valid existing rights to use or

construct a road across the surface of

protected lands may demonstrate that

valid existing rights exist under

§ 105.Valid Existing Rights a and b.

66378 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules

B. Section 1105, Areas Where Mining Is

Prohibited or Limited

Louisiana proposes to revise the

introductory language of this section to

read as follows:

No surface coal mining operation shall be

conducted on the following lands unless the

applicant has either valid existing rights, as

determined under § 2323, or qualifies for the

exception under § 1109.

C. Section 1107, Procedures

1. Louisiana proposes to add a new

§ 1107.B to provide that the office will

reject any portion of a permit

application that would locate surface

coal mining operations on lands

protected under § 1105 unless (1) the

site qualifies for the exception for

existing operations under § 1109; (2) a

person has valid existing rights for the

land, as determined under § 2323; (3)

the applicant obtains a waiver or

exception from the prohibitions of

§ 1105 in accordance with § 1107.C or D;

or (4) for lands protected by § 1105.a.3,

both the office and the agency with

jurisdiction over the park or place

jointly approve the proposed operation

in accordance with § 1107.E.

2. Louisiana proposes to redesignate

existing § 1107.B as new § 1107.C, and

revise it to read as follows:

1. If the office is unable to determine

whether the proposed operation includes

land within an area specified in § 1105.A.1.

or is located closer than the limits provided

in § 1105.A.6 or 7, the office shall transmit

a copy of the relevant portions of the permit

application to the federal, state, or local

government agency with jurisdiction over the

protected land, structure, or feature for a

determination or clarification of the relevant

boundaries or distances, with a notice to the

appropriate agency that it must respond

within 30 days of receipt of the request. The

notice must specify that another 30 days is

available upon request, and that the office

will not necessarily consider a response

received after the comment period provided.

If no response is received within the 30-day

period or within the extended period

granted, the office may make the necessary

determination based on the information it

has available.

3. Louisiana proposes to redesignate

existing § 1107.C as new § 1107.D, and

add a sentence at the beginning that

states that the provisions of § 1107.D do

not apply to lands for which a person

has valid existing rights, as determined

under § 2323; lands within the scope of

the exception for existing operations in

§ 1109; or access or haul roads that join

a public road, as described in

§ 1105.A.4.b.

4. Louisiana proposes to redesignate

existing § 1107.D as new § 1107.E, and

add a sentence at the beginning that

states that the provisions of § 1107.E do

not apply to lands for which a person

has valid existing rights, as determined

under § 2323; lands within the scope of

the exception for existing operations in

§ 1109; or access or haul roads that

connect with an existing public road on

the side of the public road opposite the

dwelling, as provided in § 1105.A.5.

5. Louisiana proposes to redesignate

existing § 1107.E as new § 1107.F, and

revise it to read as follows:

1. Where the office determines that the

proposed surface coal mining operation will

adversely affect any publicly owned park or

any place included in the National Register

of Historic Places, the office shall transmit to

the federal, state, or local agency with

jurisdiction over the park or place a copy of

applicable parts of the permit application,

together with a request for the agency’s

approval or disapproval of the operation, and

a notice to that agency that it has 30 days

from receipt of the request within which to

respond. The notice must specify that

another 30 days is available upon request,

and that failure to interpose a timely

objection will constitute approval. The office

may not issue a permit for a proposed

operation subject to the provisions of this

paragraph unless all affected agencies jointly

approve.

2. § 1107.F does not apply to lands for

which a person has valid existing rights, as

determined under § 2323 or lands within the

scope of the exception for existing operations

in § 1109.

6. Finally, Louisiana proposed to

delete existing § 1107.F and G.

D. Section 1109, Exception for Existing

Operations

Louisiana proposes to add this new

section to provide that the prohibitions

of § 1105 do not apply to surface coal

mining operations for which a valid

permit, issued under Subpart 3 of the

Louisiana Surface Mining Regulations,

exists when the land comes under the

protection of § 1105. This exception

applies only to lands within the permit

area as it exists when the land comes

under the protection § 1105.

E. Section 2323, Valid Existing Rights

Determination

1. Louisiana proposes to add new

§ 2323.A to describe when the office is

responsible for making valid existing

rights determinations.

2. Louisiana proposes to redesignate

proposed § 2323.A as new § 2323.B, and

revise it to describe what an applicant

must submit when a request for a valid

existing rights determination relies on

the various standards described in

§ 105.Valid Existing Rights.b, b.i, b.ii,

and c.

3. Louisiana proposes to redesignate

proposed § 2323.B as new § 2323.C, and

correct references throughout to reflect

the changes made in this proposed rule.

4. Louisiana proposes to redesignate

proposed § 2323.C as new § 2323.D,

delete the sentence at new § 2323.D.1

that provides that OSM will publish a

public notice in the Federal Register,

and correct references throughout new

§ 2323.D to reflect the changes made in

this proposed rule.

5. Louisiana proposes to redesignate

proposed § 2323.D as new § 2323.E,

correct references throughout to reflect

the changes made in this proposed rule,

and replace the phrases ‘‘agency

responsible for making the

determination of valid existing rights,’’

‘‘responsible agency,’’ and ‘‘agency’’

with the word ‘‘office.’’ Louisiana also

proposes to delete the sentence at new

§ 2323.E.5.b that provides that OSM will

publish its determination, along with an

explanation of appeal rights and

procedures, in the Federal Register.

6. Louisiana proposes to redesignate

proposed § 2323.E and F as new

§ 2323.F and G, and correct references

throughout to reflect the changes made

in this proposed rule. Louisiana also

proposes to replace the phrases ‘‘agency

responsible for processing a request

subject to notice and comment under

§ 2323.C,’’ ‘‘agency, when acting as the

regulatory authority,’’ and ‘‘agency’’

with the word ‘‘office.’’

F. Miscellaneous Changes

Finally, Louisiana proposes to make a

number of cross-reference changes in

§§ 1105.A.4.b, 2311.B, 2731.A.2, 2733,

3103.A.5, and 3115.A.4.c to reflect the

changes made in this proposed rule.

Louisiana also proposes to correct a

typographical error in § 2111.

III. Public Comment Procedures

We are reopening the comment period

on the proposed Louisiana program

amendment to provide you an

opportunity to reconsider the adequacy

of the amendment in light of the

additional materials sent to us. Under

the provisions of 30 CFR 732.17(h), we

are requesting comments on whether the

amendment satisfies the program

approval criteria of 30 CFR 732.15. If we

approve the amendment, it will become

part of the Louisiana program.

Written Comments: If you submit

written comments on the proposed rule

during the 15-day comment period, they

should be specific, should be confined

to issues pertinent to the notice, and

should explain the reason for your

recommendation(s). We may not be able

to consider or include in the

Administrative Record comments

delivered to an address other than the

one listed above (see ADDRESSES).

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules 66379

Availability of Comments: Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours at OSM’s

Tulsa Field Office (see ADDRESSES).

Individual respondents may request that

we withhold their home address from

the administrative record, which we

will honor to the extent allowable by

law. There also may be circumstances in

which we would withhold from the

administrative record a respondent’s

identity, as allowable by law. If you

wish us to withhold your name and/or

address, you must state this

prominently at the beginning of your

comment. However, we will not

consider anonymous 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 inspection in their entirety.

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

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. Section 503(a)(7) requires that

State programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

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 governmental 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

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 918

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 10, 2001.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 01–31615 Filed 12–21–01; 8:45 am]

BILLING CODE 4310–05–P