[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39290-39292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14076]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-235-FOR]


Kentucky Regulatory Program

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

ACTION: Final rule; technical amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing the removal of two instructions to the State of 
Kentucky pertaining to required amendments to the Kentucky regulatory 
program (the ``Kentucky program''). The Kentucky program was 
established under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA or the Act) and authorizes Kentucky to regulate surface 
coal mining and reclamation operations in Kentucky. We are removing the 
instructions because the actions required by our instructions were 
previously satisfied and nothing further is required by the state.

EFFECTIVE DATE: June 7, 2002.

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FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Field Office 
Director; Telephone: (859) 260-8400; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Program
II. Purpose of the Rule
III. Procedural Determinations

I. Background on the Kentucky 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 the Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to the 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 Kentucky program on May 18, 1982. You can 
find background information on the Kentucky program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval in the May 18, 1982, Federal Register (47 FR 21404). You can 
also find later actions concerning Kentucky's program and program 
amendments at 30 CFR 917.11, 917.12, 917.13, 917.15, 917.16, and 
917.17.

II. Purpose of the Rule

    During the course of implementing SMCRA, we occasionally issue new 
regulations that may result in the state having to amend its approved 
program. A state on its own initiative may also amend its approved 
program. When either situation occurs, we review the amendment 
submitted by the state and determine if it meets the requirements of 
SMCRA. When it does, it is approved and when it does not, it is not 
approved and instructions are issued to the state on new amendments 
that are required. These instructions are codified in our regulations 
at 30 CFR 917.16 for the Kentucky program. The instructions should be 
removed once the requirement is satisfied either by the submission and 
approval of a new amendment, or by a change in circumstances such as 
the issuance of new regulations by OSM or the enactment of new 
legislation. Occasionally, we neglect to remove the instruction and by 
this rulemaking will remove instructions that are no longer required 
for the reasons that follow.
    At 30 CFR 917.16(d)(1), Kentucky was required to remove the word 
``abated'' or otherwise clarify that the rule at 405 Kentucky 
Administrative Regulations (KAR)7:090 section 3(4)(a) applies to abated 
and unabated violations to comply with the Federal regulations at 30 
CFR 845.20. The Federal regulations require any person who chooses not 
to contest the fact of a violation (whether abated or not) or the 
assessment to pay the assessment in full within 30 days of the date the 
final assessment order was mailed. Kentucky has since made numerous 
changes to its hearing regulations, including the removal of 405 KAR 
7:090. We approved the changes on August 6, 1993 (58 FR 42601). 
Kentucky's current regulations at 405 KAR 7:092 section 3(4)(a) state, 
in part, that if a person chooses not to contest the assessment, a 
finding will be made that the person has waived all rights to an 
administrative hearing, and the fact of the violation is deemed 
admitted. Because Kentucky no longer refers to ``abated'' violations, 
the requirement codified at 30 CFR 917.16(d)(1) is hereby satisfied and 
the instruction should be removed. 30 CFR 917.16(f) required a program 
change to 405 KAR 8:010 sections 5(1)(c) and (d) to require that 
information required by sections 2 and 3 of 405 KAR 8:030 and 8:040 be 
submitted on any format prescribed by OSM, as well as any format 
prescribed by the Cabinet. On December 19, 2000 (65 FR 79582), we 
removed the requirement that states must submit information on forms 
approved by OSM. The requirement codified at 30 CFR 917.16(f) is no 
longer necessary and the instruction should have been removed.

III. Procedural Determinations

Administrative Procedure Act

    This final rule has been issued without prior public notice or 
opportunity for public comment. The Administrative Procedure Act (APA) 
(5 U.S.C. 553) provides an exception to the notice and comment 
procedures when an agency finds that there is good cause for dispensing 
with such procedures on the basis that they are impracticable, 
unnecessary or contrary to the public interest. We have determined that 
under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with 
notice of proposed rulemaking and an opportunity for public comment. 
This rule is technical in nature and non-controversial. It merely 
removes from our regulations instructions to the state pertaining to 
amendments to the Kentucky program that were required. As previously 
mentioned, Kentucky satisfied one requirement, and the Federal 
regulations no longer contain the other. The instructions in our 
regulations should, therefore, be removed. For these same reasons, we 
believe there is good cause under 5 U.S.C. 553(d)(3) of the APA to have 
the rule become effective on a date that is less than 30 days after the 
date of publication in the Federal Register.

Executive Order 12630--Takings

    This rule is a technical amendment and does not have takings 
implications.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempt from review by the Office of Management and 
Budget 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.

Executive Order 13132--Federalism

    This rule is a technical amendment and does not have Federalism 
implications.

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 will not 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

[[Page 39292]]

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 rule is a technical amendment that does not impose any additional 
requirements on small entities.

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. For the reasons stated 
above, 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.

Unfunded Mandates

    This rule is a technical amendment and 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.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 8, 2002.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR part 917 is amended 
as set forth below:

PART 917--KENTUCKY

    1. The authority citation for part 917 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.


Sec. 917.16  [Amended]

    2. Section 917.16 is amended by removing and reserving paragraphs 
(d)(1) and(f).

[FR Doc. 02-14076 Filed 6-6-02; 8:45 am]
BILLING CODE 4310-05-P