Iowa Regulatory Program, 5005-5008 [06-881]
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Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations
hsrobinson on PROD1PC70 with RULES
she satisfies the requirements of paragraph
(b)(1) of this section for each year. J continues
to reside in Possession C until September 6,
2010, when she accepts new employment
and moves to State H. J’s principal place of
business from January 1 through September
5, 2010 is in Possession C, and during that
period (which totals at least 183 days) J does
not have a closer connection to the United
States or a foreign country than to Possession
C. For the remainder of 2010 and throughout
years 2011 through 2013, D continues to live
and work in State H and is not a bona fide
resident of Possession C. J satisfies the tax
home and closer connection tests for 2010
with respect to Possession C under
paragraphs (d)(2)(i), (e)(2), and (f)(2)(i) of this
section. Accordingly, assuming that J also
satisfies the presence test of paragraph (c) of
this section, J is a bona fide resident of
Possession C for all of taxable year 2010.
Example 9. Year of move from Puerto Rico.
R, a U.S. citizen who files returns on a
calendar year basis satisfies the requirements
of paragraphs (b) through (e) of this section
for years 2006 and 2007. From January
through April 2008, R continues to reside
and maintain his principal place of business
in and closer connection to Puerto Rico. On
May 5, 2008, R moves and changes his
principal place of business (tax home) to
State N and later that year establishes a closer
connection to the United States than to
Puerto Rico. R does not satisfy the presence
test of paragraph (c) for 2008 with respect to
Puerto Rico. Moreover, because R had a tax
home outside of Puerto Rico and establishes
a closer connection to the United States in
2008, R does not satisfy the requirements of
paragraph (d)(1) or (e)(1) of this section for
2008. However, because R was a bona fide
resident of Puerto Rico for at least two
taxable years before his change of residence
to State N in 2008, he is a bona fide resident
of Puerto Rico from January 1 through May
4, 2008 under paragraphs (b)(5) and (f)(2)(ii)
of this section. See section 933(2) and
§ 1.933–1(b) for rules on attribution of
income.
(h) Information reporting requirement.
The following individuals are required
to file notice of their new tax status in
such time and manner as the
Commissioner may prescribe by notice,
form, instructions, or other publication
(see § 601.601(d)(2) of this chapter):
(1) Individuals who take the position
for U.S. tax reporting purposes that they
qualify as bona fide residents of a
possession for a tax year subsequent to
a tax year for which they were required
to file Federal income tax returns as
citizens or residents of the United States
who did not so qualify.
(2) Citizens and residents of the
United States who take the position for
U.S. tax reporting purposes that they do
not qualify as bona fide residents of a
possession for a tax year subsequent to
a tax year for which they were required
to file income tax returns (with the
Internal Revenue Service, the tax
authorities of a possession, or both) as
individuals who did so qualify.
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(3) Bona fide residents of Puerto Rico
or a section 931 possession (as defined
in § 1.931–1T(c)(1)) who take a position
for U.S. tax reporting purposes that they
qualify as bona fide residents of that
possession for a tax year subsequent to
a tax year for which they were required
to file income tax returns as bona fide
residents of the United States Virgin
Islands or a section 935 possession (as
defined in § 1.935–1T(a)(3)(i)).
(i) Effective date. Except as provided
in this paragraph (i), this section applies
to taxable years ending after January 31,
2006. Paragraph (h) of this section also
applies to a taxpayer’s 3 taxable years
immediately preceding the taxpayer’s
first taxable year ending after October
22, 2004. Taxpayers also may choose to
apply this section in its entirety to all
taxable years ending after October 22,
2004 for which the statute of limitations
under section 6511 is open.
§ 1.937–1T
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[Removed]
Par. 9. Section 1.937–1T is removed.
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 10. The authority citation for part
602 continues to read as follows:
I
Authority: 26 U.S.C. 7805.
Par. 11. In § 602.101, paragraph (b) is
amended by removing the entry for
‘‘1.937–1T’’ and adding a new entry for
‘‘1.937–1’’ in numerical order to the
table to read as follows:
I
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
CFR part or section where
identified and described
*
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1.937–1 .................................
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Current OMB
control No.
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1545–1930
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Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: January 20, 2006.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury (Tax Policy).
[FR Doc. 06–818 Filed 1–30–06; 8:45 am]
BILLING CODE 4830–01–P
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 915
[Docket No. IA–015–FOR]
Iowa Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are approving an amendment to
the Iowa regulatory program (Iowa
program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Iowa proposed to
amend its rules regarding its small
operator assistance program. Iowa
intends to revise its program to be
consistent with the corresponding
Federal regulations and SMCRA.
EFFECTIVE DATE: January 31, 2006.
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. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. 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 State 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 conditions of approval, in the
January 21, 1981, Federal Register (46
FR 5885). You can also find later actions
concerning Iowa’s program and program
amendments at 30 CFR 915.10, 915.15,
and 915.16.
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II. Submission of the 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 that it had adopted
on March 30, 2005. Included in the
adopted rules were changes to Iowa
Administrative Code (IAC) 27–
40.41(207) regarding Iowa’s small
operator assistance program that we had
not previously approved. Iowa proposed
the changes in response to a required
program amendment at 30 CFR
915.16(b) that we codified on June 1,
2004 (69 FR 30821).
We announced receipt of the
amendment in the October 18, 2005,
Federal Register (70 FR 60478). In the
same document, we opened the public
comment period and provided an
opportunity for a public hearing or
meeting on the adequacy of the
amendment. We did not hold a public
hearing or meeting because no one
requested one. The public comment
period ended on November 17, 2005.
We did not receive any comments.
III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17. We are
approving the amendment as described
below.
hsrobinson on PROD1PC70 with RULES
IAC 27–40.41(207) Permanent
Regulatory Program—Small Operator
Assistance Program
On June 1, 2004 (69 FR 30821), we
codified a required program amendment
at 30 CFR 915.16(b). We required Iowa
to revise Iowa Code section 207.4(1)(d)
to include the revisions that were made
to section 507(c)(1) of SMCRA on
November 5, 1990, and October 24,
1992, before implementing its rule at
IAC 27–40.41(207). The revisions to
SMCRA changed the eligibility
requirements for small operator
assistance program participation by (1)
increasing probable total annual
production of coal from all locations of
a coal surface mining operation from
100,000 tons to 300,000 tons and (2)
increasing the types of technical
services that are eligible for funding.
The Federal regulations at 30 CFR
795.6(a)(2) and 795.9(b)(3) through
795.9(b)(6) implement the revisions
made to section 507(c)(1) of SMCRA. In
response to our required amendment,
Iowa proposed to incorporate the
requirements of 30 CFR 915.16(b) in its
rule at IAC 27–40.41(207) instead of
updating its statute at Iowa Code section
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207.4(1)(d). IAC 27–40.41(207) adopts
30 CFR part 795, as in effect on July 1,
2002, by reference. More specifically
Iowa proposed to add subrules IAC 27–
40.41(3) and 40.41(4). These subrules
read as follows:
Subrule IAC 27–40.41(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 IAC 27–40.41(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.
As shown above, new subrules IAC
27–40.41(3) and 40.41(4) do not allow
Iowa to implement its small operator
assistance program until Iowa Code
section 207.4(1)(d) is revised to
authorize the new eligibility
requirements for small operator
assistance. Currently, Iowa is not
implementing a small operator
assistance program and does not have
any potential operators that may qualify
for program assistance. Therefore, we
are approving subrules IAC 27–40.41(3)
and 40.41(4) as acceptable responses to
30 CFR 915.16(b), and we are removing
the required amendment.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
amendment, but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and
section 503(b) of SMCRA, we requested
comments on the amendment from
various Federal agencies with an actual
or potential interest in the Iowa program
(Administrative Record No. IA–450.1).
We did not receive any comments.
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to get a written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued 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 Iowa proposed to make in
this amendment pertain to air or water
quality standards. Therefore, we did not
ask EPA to concur on the amendment.
Under 30 CFR 732.17(h)(11)(i), we
requested comments on the amendment
from EPA (Administrative Record No.
IA–450.1). EPA did not respond to our
request.
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State Historic Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On September 2, 2005, we
requested comments on Iowa’s
amendment (Administrative Record No.
IA–450.1), but neither responded to our
request.
V. OSM’s Decision
Based on the above findings, we
approve the amendment Iowa sent us on
August 19, 2005.
We approve the rules proposed by
Iowa with the provision that they be
fully promulgated in identical form to
the rules submitted to and reviewed by
OSM and the public.
To implement this decision, we are
amending the Federal regulations at 30
CFR part 915, which codify decisions
concerning the Iowa program. We find
that good cause exists under 5 U.S.C.
553(d)(3) to make this final rule
effective immediately. Section 503(a) of
SMCRA requires that the State’s
program demonstrate that the State has
the capability of carrying out the
provisions of the Act and meeting its
purposes. Making this rule effective
immediately will expedite that process.
SMCRA requires consistency of State
and Federal standards.
VI. 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),
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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’’ 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.
hsrobinson on PROD1PC70 with RULES
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
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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;
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5007
(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
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: December 28, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
For the reasons set out in the
preamble, 30 CFR part 915 is amended
as set forth below:
I
PART 915—IOWA
1. The authority citation for part 915
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 915.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
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§ 915.15 Approval of Iowa regulatory
program amendments.
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Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations
Original amendment submission date
Date of final publication
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August 19, 2005 .........................................................
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January 31, 2006 .......................................................
3. Amend § 915.16 as follows:
a. Revise the section heading to read
as set forth below; and
I b. Remove and reserve the text, in its
entirety, of the section.
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§ 915.16 Required program amendments.
[Reserved]
Regulatory History
On October 3, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulations; Atlantic Intracostal
Waterway (AICW), Cape Fear River, and
Northeast Cape Fear River, NC’’ in the
Federal Register (70 FR 57524). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
[FR Doc. 06–881 Filed 1–30–05; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–05–102]
RIN 1625–AA09
Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway (AICW),
Cape Fear River, and Northeast Cape
Fear River, NC
Coast Guard, DHS.
Final rule.
AGENCY:
hsrobinson on PROD1PC70 with RULES
ACTION:
SUMMARY: The Coast Guard is changing
the drawbridge operation regulations of
three North Carolina Department of
Transportation (NCDOT) bridges: The
S.R. 74 Bridge, across the AICW mile
283.1 at Wrightsville Beach; the Cape
Fear River Memorial Bridge, mile 26.8,
at Wilmington; and the Isabel S. Holmes
(US 117) Bridge, at mile 1.0, across
Northeast Cape Fear River at
Wilmington, North Carolina. This rule
will allow the bridges to remain in the
closed position at particular dates and
times to accommodate road races,
marathons and triathlons. Vessels that
can pass under the bridges without a
bridge opening may do so at all times.
DATES: This rule is effective March 17,
2006.
ADDRESSES: The Fifth Coast Guard
District maintains the docket for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in docket, are part of
docket CGD05–05–102 and are available
for inspection or copying at the
Commander (obr), Fifth Coast Guard
District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, Virginia
23703–5004, between 8 a.m. and 4 p.m.,
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Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Gary
Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On behalf of the Young Men’s
Christian Association (YMCA), NCDOT
requested changes to the operating
drawbridge regulations to accommodate
the Tri-Span Run, Battleship Half
Marathon, and Triathlon Run. The races
are annual events sponsored by the
YMCA, attracting spectators and
participants from the surrounding cities
and states.
In accordance with 33 CFR 117.37(a)
for reasons of public safety or for public
functions, the District Commander may
authorize the opening and closing of a
drawbridge for a specified period of
time.
NCDOT, who owns and operates the
S.R. 74 Bridge across the AICW mile
283.1 at Wrightsville Beach; the Cape
Fear River Memorial Bridge mile 26.8
across the Cape Fear River, at
Wilmington, North Carolina; and the
Isabel S. Holmes Bridge mile 1.0 (U.S.
117, across Northeast Cape Fear River at
Wilmington, North Carolina), requested
the following drawbridge changes:
Atlantic Intracoastal Waterway
The S.R. 74 Bridge, at AICW mile
283.1 at Wrightsville Beach, has a
vertical clearance of 20 feet at mean
high water and 24 feet at mean low
water in the closed position to vessels.
The existing operating regulations are
set out in 33 CFR 117.821(a)(5).
A Triathlon race is held on the third
Saturday in September of every year
with the fourth Saturday used as the
alternate day. To facilitate the race, the
bridge will be maintained in the closedto-navigation position from 7 a.m. to 11
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Citation/description
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IAC 27C40.41(3) and 40.41(4).
a.m. on the third or fourth Saturday in
September of every year.
Cape Fear River
The Cape Fear Memorial Bridge mile
26.8, in Wilmington, has a vertical
clearance of 65 feet at mean high water
and 68 feet at mean low water in the
closed position to vessels. The existing
regulation is listed at 33 CFR 117.5,
which requires the bridge to open on
signal.
Both races, the Tri-Span run and the
Battlefield Half Marathon, cross the
Cape Fear River Memorial Bridge in
Wilmington. The Tri-Span run is held
on the second Saturday of July. To
facilitate the race, the bridge will be
maintained in the closed-to-navigation
position from 8 a.m. to 10 a.m. on the
second Saturday of July of every year.
The Battleship Half Marathon is held
on the second Sunday of November. To
facilitate the marathon, the bridge will
be maintained in the closed-tonavigation position from 7 a.m. to 11
a.m. on the second Sunday of November
of every year.
Northeast Cape Fear River
The Isabel S. Holmes Bridge, U.S. 17,
SR 133 at mile 1.0, in Wilmington has
a vertical clearance of 26 feet at mean
high water and 30 feet at mean low
water in the closed position to vessels.
The existing regulation is listed at 33
CFR 117.829.
Both races, the Tri-Span run and the
Battlefield Half Marathon, cross the
Isabel S. Holmes Memorial Bridge in
Wilmington. The Tri-Span run is held
on the second Saturday of July. To
facilitate the race, the bridge will be
maintained in the closed-to-navigation
position from 8 a.m. to 10 a.m. on the
second Saturday of July of every year.
The Battleship Half Marathon is held
on the second Sunday of November of
every year. To facilitate the marathon,
the bridge will be maintained in the
closed-to-navigation position from 7
a.m. to 11 a.m. on the second Sunday
of November of every year.
The Coast Guard believes that the
proposed changes are reasonable due to
the short duration that the drawbridges
will be maintained in the closed
position to vessels, because these events
have been observed in past years with
little or no impact to marine or
vehicular traffic. It is also a necessary
measure to facilitate public safety that
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]]>Agencies
[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Rules and Regulations]
[Pages 5005-5008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-881]
=======================================================================
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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: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Iowa regulatory program (Iowa
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Iowa proposed to amend its rules regarding its
small operator assistance program. Iowa intends to revise its program
to be consistent with the corresponding Federal regulations and SMCRA.
EFFECTIVE DATE: January 31, 2006.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field
Division. Telephone: (618) 463-6460. E-mail: IFOMAIL@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. 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 State 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 conditions of
approval, in the January 21, 1981, Federal Register (46 FR 5885). You
can also find later actions concerning Iowa's program and program
amendments at 30 CFR 915.10, 915.15, and 915.16.
[[Page 5006]]
II. Submission of the 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 that it
had adopted on March 30, 2005. Included in the adopted rules were
changes to Iowa Administrative Code (IAC) 27-40.41(207) regarding
Iowa's small operator assistance program that we had not previously
approved. Iowa proposed the changes in response to a required program
amendment at 30 CFR 915.16(b) that we codified on June 1, 2004 (69 FR
30821).
We announced receipt of the amendment in the October 18, 2005,
Federal Register (70 FR 60478). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the adequacy of the amendment. We did not hold a public
hearing or meeting because no one requested one. The public comment
period ended on November 17, 2005. We did not receive any comments.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment as described below.
IAC 27-40.41(207) Permanent Regulatory Program--Small Operator
Assistance Program
On June 1, 2004 (69 FR 30821), we codified a required program
amendment at 30 CFR 915.16(b). We required Iowa to revise Iowa Code
section 207.4(1)(d) to include the revisions that were made to section
507(c)(1) of SMCRA on November 5, 1990, and October 24, 1992, before
implementing its rule at IAC 27-40.41(207). The revisions to SMCRA
changed the eligibility requirements for small operator assistance
program participation by (1) increasing probable total annual
production of coal from all locations of a coal surface mining
operation from 100,000 tons to 300,000 tons and (2) increasing the
types of technical services that are eligible for funding. The Federal
regulations at 30 CFR 795.6(a)(2) and 795.9(b)(3) through 795.9(b)(6)
implement the revisions made to section 507(c)(1) of SMCRA. In response
to our required amendment, Iowa proposed to incorporate the
requirements of 30 CFR 915.16(b) in its rule at IAC 27-40.41(207)
instead of updating its statute at Iowa Code section 207.4(1)(d). IAC
27-40.41(207) adopts 30 CFR part 795, as in effect on July 1, 2002, by
reference. More specifically Iowa proposed to add subrules IAC 27-
40.41(3) and 40.41(4). These subrules read as follows:
Subrule IAC 27-40.41(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 IAC 27-40.41(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.
As shown above, new subrules IAC 27-40.41(3) and 40.41(4) do not
allow Iowa to implement its small operator assistance program until
Iowa Code section 207.4(1)(d) is revised to authorize the new
eligibility requirements for small operator assistance. Currently, Iowa
is not implementing a small operator assistance program and does not
have any potential operators that may qualify for program assistance.
Therefore, we are approving subrules IAC 27-40.41(3) and 40.41(4) as
acceptable responses to 30 CFR 915.16(b), and we are removing the
required amendment.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the Iowa program (Administrative
Record No. IA-450.1). We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued 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 Iowa proposed to make
in this amendment pertain to air or water quality standards. Therefore,
we did not ask EPA to concur on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from EPA (Administrative Record No. IA-450.1). EPA did not
respond to our request.
State Historic Preservation Officer (SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On September 2, 2005, we requested comments on Iowa's
amendment (Administrative Record No. IA-450.1), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Iowa sent us
on August 19, 2005.
We approve the rules proposed by Iowa with the provision that they
be fully promulgated in identical form to the rules submitted to and
reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 915, which codify decisions concerning the Iowa program.
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this
final rule effective immediately. Section 503(a) of SMCRA requires that
the State's program demonstrate that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this rule effective immediately will expedite that process. SMCRA
requires consistency of State and Federal standards.
VI. 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),
[[Page 5007]]
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'' 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 Federally-recognized 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 Federally-recognized 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 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: December 28, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
0
For the reasons set out in the preamble, 30 CFR part 915 is amended as
set forth below:
PART 915--IOWA
0
1. The authority citation for part 915 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 915.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 915.15 Approval of Iowa regulatory program amendments.
* * * * *
[[Page 5008]]
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Date of final
Original amendment submission date publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
August 19, 2005..................... January 31, 2006....... IAC 27C40.41(3) and 40.41(4).
----------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 915.16 as follows:
0
a. Revise the section heading to read as set forth below; and
0
b. Remove and reserve the text, in its entirety, of the section.
Sec. 915.16 Required program amendments. [Reserved]
[FR Doc. 06-881 Filed 1-30-05; 8:45 am]
BILLING CODE 4310-05-P
