[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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