[Federal Register Volume 69, Number 61 (Tuesday, March 30, 2004)]
[Proposed Rules]
[Pages 16511-16512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6985]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-244-FOR]


Kentucky Regulatory Program

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

ACTION: Proposed rule; reopening of public comment period.

-----------------------------------------------------------------------

SUMMARY: We are reopening the public comment period on a proposed 
amendment to the Kentucky regulatory program (the ``Kentucky program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or 
the Act). Kentucky has submitted additional information in the form of 
an actuarial report. The report is an actuarial analysis of the 
Kentucky Bond Pool Fund performed by the Madison Consulting Group.

DATES: We will accept written comments on this amendment until 4 p.m., 
e.s.t., April 14, 2004.

ADDRESSES: You should mail or hand deliver written comments to William 
J. Kovacic at the address listed below.
    You may review copies of the Kentucky program, this amendment, the 
actuarial report, and all written comments received in response to this 
document at the addresses listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSM's Lexington Field Office.

William J. Kovacic, Lexington Field Office, Office of Surface Mining 
Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 
40503, Telephone: (859) 260-8400, Fax: (859) 260-8410.
Department for Natural Resources, 2 Hudson Hollow Complex, Frankfort, 
Kentucky 40601, Telephone: (502) 564-6940.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Telephone: (859) 
260-8400.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Program
II. Description of the Proposed Amendment
III. Public Comment Procedures

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 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 of 
the Kentucky program in the May 18, 1982, Federal Register (47 FR 
21434). 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. Description of the Proposed Amendment

    By letter dated May 22, 2003, Kentucky sent us a proposed amendment 
to its program ([KY-244], Administrative Record No. KY-1580) under 
SMCRA (30 U.S.C. 1201 et seq.). Kentucky submitted a portion of House 
Bill 269, the executive branch budget bill, promulgated by the 2003 
Kentucky General Assembly.
    Specifically, Kentucky proposes to transfer $3,000,000 from the 
Bond Pool Fund (the Fund) established in Kentucky Revised Statute 
350.700 to the Commonwealth's General Fund for the 2002-2003 fiscal 
year. The transfer appears on page 225, line 21 and is listed under 
Part V, Section J, item 5 of House Bill 269. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES.
    We announced receipt of the proposed amendment in the July 16, 
2003, Federal Register (68 FR 41980), and in the same document invited 
public comment and provided an opportunity for a public hearing on the 
adequacy of the proposed amendment. The public comment period closed on 
August 15, 2003. Please refer to the July 16, 2003, Federal Register, 
for additional background information.
    By letter dated July 10, 2003, we requested additional information 
from Kentucky in the form of a financial analysis (Administrative 
Record No. KY-1584). We asked that the analysis specifically 
demonstrate that the transfer of funds would not adversely impact the 
Fund's ability to complete the reclamation plan for any area which may 
be in default at any time as required by 30 CFR 800.11(e). By letter 
dated August 14, 2003, Kentucky responded by stating the Madison 
Consulting Group would perform an actuarial review of the Fund 
(Administrative Record No. KY-1599). By letter dated March 3, 2004, the 
Department for Natural Resources (formerly the Department for Surface 
Mining Reclamation and Enforcement) transmitted the Kentucky Bond Pool 
Actuarial Report to us (Administrative Record No. KY-1615). The 
actuarial review covers the time period July 1, 2000, through June 30, 
2003. The full text is available for you to read at the locations 
listed above at ADDRESSES. The key findings of the report are 
summarized here. The report concluded that the Fund:
    1. Should be able to ``reasonably withstand the failure of any two 
of its member companies'' to be actuarially sound and viable on a long-
term basis (p. 7);
    2. is ``currently not able to reasonably provide for the `two 
failure' funding scenario up to a 75 percent confidence level'' (p. 8);
    3. needs to increase its assets ``so as to provide for potential 
liabilities and future growth'' (p. 8); and
    4. is in a less favorable financial situation than the last 
analysis completed for the period ending June 30, 2000 (p. 8).

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the program.

Written Comments

    Send your written comments to OSM at the address given above. Your 
written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of 
your recommendations. In the final rulemaking, we will not

[[Page 16512]]

necessarily consider or include in the administrative record any 
comments received after the time indicated under DATES or at locations 
other than the Lexington Field Office.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 10, 2004.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 04-6985 Filed 3-29-04; 8:45 am]
BILLING CODE 4310-05-P