[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Proposed Rules]
[Page 21075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8842]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-246-FOR]


Kentucky Regulatory Program

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: We, OSM, are announcing the withdrawal of proposed regulatory 
changes to the Kentucky regulatory program (the ``Kentucky program') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or 
the Act). Kentucky had proposed to amend its definition of ``affected 
area,'' with respect to roads, but subsequently decided to withdraw the 
proposed changes from further consideration as a State program 
amendment.

EFFECTIVE DATES: April 20, 2004.

FOR FURTHER INFORMATION CONTACT: Bill Kovacic, Director, Lexington 
Field Office, Telephone (859) 260-8400, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program
II. Submission of the Proposed Amendment
III. Disposition of Comments

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. Submission of the Proposed Amendment

    By letter dated September 30, 2003, Kentucky sent us a proposed 
amendment to its program (KY-246, administrative record no. KY-1601) 
under SMCRA (30 U.S.C. 1201 et seq.). Kentucky proposed to revise its 
definition of ``affected area'' as it relates to public roads at 405 
Kentucky Administrative Regulations (KAR) 7:001, 8:001, 10:001, 12:001, 
16:001, 18:001, 20:001, and 24:001. The revision specifies that the 
affected area will include every road used for the purposes of access 
to, or for hauling coal to or from, surface coal mining and reclamation 
operations, unless the road ``is a state, county, or public road and 
the road is in existence as of the date of the submittal of the 
preliminary application under 405 KAR 8:010 Section 4.'' This would 
replace the current language, which Kentucky proposed to delete, that 
includes every road in the affected area except those: designated as a 
public road pursuant to jurisdictional laws where the road is located; 
maintained with public funds and constructed in a similar manner to 
other public roads of the same classification in the area; and, those 
with substantial public use.
    We announced receipt of the proposed amendment in the November 20, 
2003, Federal Register (68 FR 65424).
    In the same document, we opened the public comment period and 
provided an opportunity for a public hearing or meeting on the 
submission. We did not hold a public hearing or meeting because no one 
requested one. The public comment period ended on December 22, 2003. On 
February 9, 2004, we received a letter from Kentucky requesting that we 
suspend rulemaking on its September 30, 2003, submittal concerning 
Kentucky's definition of ``affected area,'' as it relates to the 
permitting of roads (administrative record no. KY-1614). In the letter, 
Kentucky stated that the regulations had not yet been promulgated at 
the state level, and were in fact under reconsideration. For these 
reasons, we are treating Kentucky's request as a withdrawal of the 
proposed amendment, and are accepting that withdrawal.

III. Disposition of Comments

Public Comments

    We received five public comments on the proposed rule, as well as a 
copy of a recommendation of the Kentucky Environmental Quality 
Commission. Of these, four of the commenters, and the Kentucky 
Environmental Quality Commission, urged that the proposed program 
amendment not be approved. The other commenter indicated its approval 
of the proposal. Because OSM is discontinuing its consideration of the 
proposed State program amendment, we consider the substance of these 
comments moot at this time and thus not ripe for discussion.

Federal Agency Comments

    We did not receive any Federal Agency comments on this proposed 
State program amendment.

    Dated: April 1, 2004.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 04-8842 Filed 4-19-04; 8:45 am]
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