[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34888-34890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14310]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-255-FOR; OSM-2012-0004]


Kentucky Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: We are announcing receipt of a proposed amendment to the 
Kentucky Regulatory Program (hereinafter, the ``Kentucky program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or 
the Act). On January 30, 2012, Kentucky submitted to OSM a proposed 
Kentucky Administrative Regulations (KAR) that authorizes electronic 
notification of enforcement documents.

DATES: We will accept written comments until 4:00 p.m., e.s.t., July 
12, 2012. If requested, we will hold a public hearing on July 9, 2012. 
We will accept requests to speak until 4:00 p.m., e.s.t., on June 27, 
2012.

ADDRESSES: You may submit comments, identified by ``Docket Number OSM-
2012-0004'' by either of the following two methods:
    Federal eRulemaking Portal: www.regulations.gov. The proposed rule 
has been assigned Docket ID: OSM-2012-0004. If you would like to submit 
comments through the Federal eRulemaking Portal, go to 
www.regulations.gov and follow the instructions; or

Mail/Hand Delivery/Courier: Joseph L. Blackburn, Field Office Director, 
Lexington Field Office, Office of Surface Mining Reclamation and 
Enforcement, 2675 Regency Road, Lexington, Kentucky 40503.

    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section 
in this document.
    Docket: In addition to obtaining copies of documents at 
www.regulations.gov, you may also obtain information 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.

Joseph L. Blackburn, Field Office Director, Lexington Field Office, 
Office of Surface Mining Reclamation and Enforcement, 2675 Regency 
Road, Lexington, Kentucky 40503, (859) 260-3900.
Steve Hohmann, Commissioner, Department for Natural Resources, 2 Hudson 
Hollow, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

FOR FURTHER INFORMATION CONTACT: Joseph L. Blackburn, Telephone: (859) 
260-3900. Email: [email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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 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 this Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this 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

[[Page 34889]]

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

    On January 30, 2012, Kentucky submitted a proposed program 
amendment containing administrative regulations regarding electronic 
notification of enforcement documents. These proposed changes are 
intended to be cost saving measures that are as effective, but not more 
stringent than those required under SMCRA and the Federal regulations. 
The substantial changes to the administrative regulations were in the 
service section, Section 5, for both administrative regulations. Also, 
the Legislative Research Commission suggested changes that are not 
intended to change the meaning of the administrative regulations but 
rather clarify content or are made to make the regulation comply with 
KRS 13A drafting requirements.
    Below is a summary of Kentucky's proposed changes. The full text of 
the amendment is available for you to read at the locations listed 
above under ADDRESSES or at www.regulations.gov.

1. 405 KAR 7:091 General Practice Provisions

    Section 4(1)(a), (b), (2)(b), and Section 6 (3) offer the option of 
using electronic mail to submit documents. Although there are no 
specific Federal requirements governing electronic mail, the general 
Federal counterparts to these proposed revisions are in sections 518 
and 525 of SMCRA, in 30 CFR Part 845, and in 43 CFR 4.1100, 4.1200, and 
4.1300.
    In addition, the last sentence of 405 KAR 7:091, Section 2(1)(a), 
General Provisions for Conducting Administrative Hearings, is revised 
by adding the phrase ``that is not the result of a lack of diligence on 
the part of the corporate party or its counsel.'' As amended, the 
entire sentence states that: ``The failure of a corporate party to 
appear by counsel, without good cause that is not the result of a lack 
of diligence on the part of the corporate party or its counsel shall be 
grounds for default.'' The Federal counterpart to this provision is in 
43 CFR 1.3.

2. 405 KAR 12:020 Enforcement

    Section 5(2)(a)4, (3), (3)(a), (3)(b), and (3)(c) offer the option 
of using electronic mail to submit documents. Although there are no 
specific Federal requirements governing electronic mail, the general 
Federal counterparts to these proposed revisions are in sections 521 
and 525 of SMCRA, in 30 CFR Part 843, and in 43 CFR 4.1100, 4.1200 and 
4.1300.
    In addition, 405 KAR 12:020. Section 2(5), is modified by adding 
the phrase ``including correction of errors, changes in responsible 
parties, changes to remedial measures, and changes in abatement 
dates.'' As amended, Section 2(5) states that ``[a]n authorized 
representative of the cabinet may, by written notice, modify an order 
for remedial measures for good cause including correction of errors, 
changes in responsible parties, changes to remedial measures, and 
changes in abatement dates.'' While this provision has no specific 
Federal counterpart, the general Federal counterparts are in section 
521 of SMCRA and in 30 CFR 843.12.

III. Public Comment Procedures

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

Written or Electronic Comments

    If you submit written comments they should be specific and confined 
to issues pertinent to the proposed regulations and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent state or 
Federal laws or regulations, technical literature, or other relevant 
publications. We cannot ensure that comments received after the close 
of the comment period (see DATES) or at locations other than those 
listed above (see ADDRESSES) will be included and considered in the 
docket for this rulemaking.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be aware that 
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you may ask us in 
your comment to withhold your personal identifying information from 
public review; we cannot guarantee that we will be able to do so. We 
will not consider anonymous comments.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
June 27, 2012. If you are disabled and need reasonable accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold the hearing.
    To assist the transcriber and ensure an accurate record, we 
request, that if possible, each person who speaks at a public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If there is only limited interest in participating in a public 
hearing, we may hold a public meeting rather than a public hearing. If 
you wish to meet with us to discuss this amendment, please request a 
meeting by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT. All such meetings are open to the public and, if possible, we 
will post notices of meetings at the locations listed under ADDRESSES. 
We will include a written summary of each meeting as part of the 
administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We

[[Page 34890]]

conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 26, 2012.
Thomas D. Shope,
Regional Director Appalachian Region.
[FR Doc. 2012-14310 Filed 6-11-12; 8:45 am]
BILLING CODE 4310-05-P