[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Proposed Rules]
[Pages 19193-19194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9388]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-208]


Kentucky Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously proposed amendment to the Kentucky regulatory program 
(hereinafter, the ``Kentucky program'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The revisions for 
Kentucky's proposed rules pertain to documents, assessment of civil 
penalties, and revegetation for surface and underground mining. This 
amendment is intended to revise the Kentucky program to be consistent 
with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., E.D.T., May 2, 
1995.

ADDRESSES: Written comments should be mailed or hand delivered to Mr. 
William J. Kovacic at the address listed below.
    Copies of the Kentucky program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Lexington Field Office.

Mr. William J. Kovacic, Lexington Field Office, Office of Surface 
Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, 
Kentucky 40503, Telephone: (606) 233-2896'
Department for Surface Mining Reclamation and Enforcement, #2 Hudson 
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

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

II. Description of the Proposed Amendment

    By letter dated July 19, 1994, Kentucky submitted a proposed 
amendment to its program pursuant to SMCRA (Administrative Record No. 
1304). Kentucky submitted the proposed amendment at its own initiative. 
The provisions of the Kentucky Administration Regulations (KAR) 
Kentucky proposed to amend were: 405 KAR 7:015--Documents Incorporated 
by Reference, 405 KAR 7:095--Assessment of Civil Penalties, 405 KAR 
10:010--General Requirements for Performance Bond and Liability 
Insurance, 405 KAR 16:020--Contemporaneous Reclamation, 405 KAR 
16:200--Revegetation for Surface Coal Mining, and 405 KAR 18:200--
Revegetation for Underground Mining Operations.
    OSM announced receipt of the proposed amendment in the August 9, 
1994, Federal Register (59 FR 40503), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (Administrative Record No. 1322). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on September 8, 1994.
    On March 2, 1995, Kentucky submitted additional revisions to 405 
KAR 7:095--Assessment of Civil Penalties, and 405 KAR 16:200 and 
18:200--Revegetation (Administrative Record No. 1347). 405 KAR 7:095 
section 5(2) is proposed to be revised to clarify that the penalty 
which can be assessed under this section is in addition to the civil 
penalty which can be assessed under section 5(1), and to add section 7 
which incorporates by reference Kentucky's January 6, 1995, 
``Procedures for Assessment of Civil Penalties''. Several revisions 
were made to proposed 405 KAR 16:200 and 18:200--Revegetation. Proposed 
section 1(4) is being revised to clarify that this section does not 
negate the requirement at 405 KAR 16:180 and 18:180 section 3(2) that 
``where cropland is intended to be the postmining land use, and where 
appropriate for wildlife and crop-management practices, the permittee 
shall intersperse the fields with tree, hedges, or fence rows 
throughout the harvested area to break up large blocks of monoculture 
and to diversify habitat types for birds and other animals.'' Proposed 
section 5(2)(b)2 is being revised to specifically identify the 
``Kentucky Agricultural Statistics'' documents being relied upon 
(except for prime farmland) for average county yields of row crops. 
Proposed section 6 is being revised to reduce the stocking rates for 
trees from 450 to 300 plants per acre, and to require all permit 
applications submitted after February 22, 1995, which propose to plant 
trees and shrubs for wildlife habitat, to use species listed in 
Appendix A of New [[Page 19194]] Technical Reclamation Memorandum #21 
and stocking densities set in section 6(2)(b)1, or optionally to use 
species and stocking densities recommended specifically for the permit 
area by the Kentucky Department of Fish and Wildlife Resources. 
Sections 9(3)(c) and 9(6), regarding use of productivity test areas 
rather than statistical evaluation of productivity, are being deleted.

III. Public Comment Procedures

Written Comments

    OSM is reopening the comment period on the proposed Kentucky 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the proposed amendment in light of the additional 
materials submitted. 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 should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Lexington Field Office will 
not necessarily be considered in the final rulemaking or included in 
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 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 12550) 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 CRR 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 that is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 10, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-9388 Filed 4-14-95; 8:45 am]
BILLING CODE 4310-05-M