[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27980]


[[Page Unknown]]

[Federal Register: November 14, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement
[KY-210]

30 CFR Part 917

 

Kentucky Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the 
Kentucky regulatory program (hereinafter referred to as the Kentucky 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of changes to Kentucky 
Administrative Regulations (KAR) at 405 KAR 7:080 relating to small 
operator assistance. The proposed amendment also includes a new SOAP 
application form dated September 1994. The amendment is intended to 
revise the Kentucky program to be consistent with the corresponding 
Federal regulations.

    This document sets forth the times and locations that the Kentucky 
program and the proposed amendment are available for public inspection, 
the comment period during which interested persons may submit written 
comments on the proposed amendment, and the procedures that will be 
followed regarding a public hearing if one is requested.

DATES: Written comments must be received on or before 4 p.m., E.D.T. on 
December 14, 1994. If requested, a public hearing on the proposed 
amendment will be held at 10 a.m. on December 9, 1994. Requests to 
speak at the hearing must be received on or before 4 p.m., E.D.T. on 
November 29, 1994.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand delivered to: William J. Kovacic, Director, at 
the address listed below.

    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.
    Copies of the Kentucky program, the proposed amendment, a listing 
of any scheduled public hearings, and all written comments received in 
response to this document will be available for review at the addresses 
listed below, Monday through Friday, excluding holidays. Each requestor 
may receive one free copy of the proposed amendment by contacting OSM's 
Lexington Field Office.

William J. Kovacic, Director, Lexington Field Office, Office of Surface 
Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, 
Kentucky 40503, Telephone: (606) 233-2896;
Department of Surface Mining Reclamation and Enforcement, No. 2 Hudson 
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

    If a public hearing is held, its location will be: The Harley 
Hotel, 2143 North Broadway, Lexington, Kentucky 40505.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director, 
Lexington Field Office, Telephone (606) 233-2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Program

    On May 18, 1982, the Secretary of the Interior conditionally 
approved the Kentucky program. Background information on the Kentucky 
program, including the Secretary's findings, the disposition of 
comments and the conditions of approval can be found in the May 18, 
1982, Federal Register (47 FR 21404). Subsequent actions concerning the 
conditions of approval and program amendments are identified at 30 CFR 
917.11, 917.15, 917.16 and 917.17.

II. Discussion of Amendment

    By letter of October 3, 1994 (Administrative Record No. KY-1320), 
Kentucky submitted a proposed amendment to its program pursuant to 
SMCRA. The amendment consists of proposed changes to the Kentucky 
Administrative Regulations at 405 KAR 7:080 relating to small operator 
assistance and a new application form dated September 1994. The 
proposed amendment is in response to two actions: 1) publication of 
final Federal regulations on May 31, 1994 (59 FR 28167), revising 30 
CFR 795 to implement the 1992 Energy Policy Act; and 2) publication of 
a final rule dated September 1, 1994 (59 FR 45201), that approved, with 
exceptions, Kentucky's emergency regulations submitted on April 26, 
1994.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Kentucky program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commentor's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Lexington Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

Public Hearing

    Persons wishing to comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
E.D.T. on November 29, 1994. If no one requests an opportunity to 
comment at a public hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to comment have been heard. Persons in the audience 
who have not been scheduled to comment, and who wish to do so, will be 
heard following those scheduled. The hearing will end after all persons 
scheduled to comment and persons present in the audience who wish to 
comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendments may request a meeting at the OSM, Lexington Field Office 
listed under ADDRESSES by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted in advance 
at the locations listed under ADDRESSES. A written summary of each 
meeting will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that, to the extent allowed by law, this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards are not applicable to the actual language of 
State regulatory programs and program amendments since each such 
program is drafted and promulgated by a specific State, not by OSM. 
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 
CFR 730.11, 732.15 and 732.17(h)(10), decisions on proposed State 
regulatory programs and program amendments submitted by the States must 
be based solely on a determination of whether the submittal is 
consistent with SMCRA and its implementing Federal regulations and 
whether the other requirements of 30 CFR Parts 730, 731, and 732 have 
been met.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA [30 U.S.C. 1292(d)] provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
corresponding Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 23, 1994.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-27980 Filed 11-10-94; 8:45 am]
BILLING CODE 4310-05-M