[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Proposed Rules]
[Pages 55247-55248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27404]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-208-FOR]


Kentucky Regulatory Program

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

ACTION: Proposed rules; reopening of comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed 
amendment to the Kentucky permanent 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 revisions to sections of the Kentucky Administrative 
Regulations (KAR) dealing with the assessment of civil penalties. The 
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.] 
November 12, 1996.

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

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, 2 Hudson Hollow Complex, 
Frankfort, Kentucky 40601. Telephone: (502) 564-6940.

FOR FURTHER INFORMATION CONTACT:
William J. Kovacic, Field Office 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 
conditions of approval and program amendments can be found at 30 CFR 
917.11, 917.15, 197.16, and 917.17.

II. Description of the Proposed Amendment

    By letter dated July 19, 1994 (Administrative Record No. KY-1304), 
Kentucky submitted a proposed amendment to its program pursuant to 
SMCRA at its own initiative. The proposed amendments were announced in 
the August 9, 1994, Federal Register (59 FR 40503). By letter dated 
January 11, 1995 (Administrative Record No. KY-1331), Kentucky 
resubmitted a proposed amendment that completed its regulation 
promulgation process. OSM reopened the public comment period in the 
February 17, 1995, Federal Register (60 FR 9314). By letter dated March 
2, 1995 (Administrative Record KY-1347), Kentucky submitted additional 
revisions to the proposed amendment pertaining civil penalty assessment 
and revegetation. Based on the revised information, OSM reopened the 
comment period in the April 17, 1995, Federal Register (60 FR 19193). 
During its review of the proposed revisions, OSM noted that Kentucky 
did not submit the January 6, 1995, ``Procedures for Assessment of 
Civil Penalties'' incorporated by reference in the March 2, 1995, 
submission. Because the document was not made part of the 
administrative record, it was not subject

[[Page 55248]]

to public comment. OSM is, therefore, reopening the comment period at 
this time.
    ``Procedures for Assessment of Civil Penalties'' replaces the June 
15, 1994, version and includes a general description of the assessment 
process, an explanation of the assessment factors, the assessment 
mechanism, and the application of the assessment factors to specific 
violations. Specific changes include the following. Chapter I: at 
section B(1), the provision that a penalty may be assessed if the 
violation is noncorrectable is deleted. At section D(1), the language 
is revised to require that the penalty for a cessation order issued for 
failure to abate be assessed pursuant to 405 KAR 7:092, section 13(2). 
At section D(2), the language is revised to require that the penalty 
for an imminent danger cessation order be issued pursuant to 405 KAR 
7:092 section 13(1). The assessment shall be based on the four criteria 
in 405 KAR 7:095 section 3. Additional penalties shall be assessed in 
the event a failure to abate cessation order is issued. At section 
D(3), the language is revised to require that the penalty for an 
illegal mining cessation order be assessed pursuant to 405 KAR 7:092 
section 13(3). Chapter IV: at section B(5)b, the ``Topsoil Affected'' 
damage point chart is revised.

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. Specifically, 
OSM is seeking comments on the revision to the State's regulation that 
was submitted on July 19, 1994 (Administration Record No. KY-1304), 
with the subsequent revisions and additions as noted above. Comments 
should address 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 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Appalachian Regional 
Coordinating Center 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 12988

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12988 (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 
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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 16, 1996.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-27404 Filed 10-24-96; 8:45 am]
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