[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Proposed Rules]
[Pages 1370-1372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00323]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / 
Proposed Rules  

[[Page 1370]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[SATS No. KY-255-FOR; Docket ID: OSM-2012-0004; S1D1S SS08011000 
SX064A000 222S180110; S2D2S SS08011000 SX064A000 22XS501520]


Kentucky Regulatory Program

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

ACTION: Proposed rule; reopening of the public comment period and 
opportunity for public hearing on the proposed amendment.

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SUMMARY: We are reopening the comment period and providing an 
opportunity for a public hearing on the proposed amendment to the 
Kentucky regulatory program (the ``Kentucky program'') under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
The comment period is being reopened to incorporate additional 
statutory and regulatory provisions that were not included in the 
original Kentucky submittal. The revised amendment includes legislative 
and regulatory actions regarding electronic service of enforcement 
documents, clarification of Kentucky's administrative hearings 
regulations, and miscellaneous minor, non-substantive changes. The 
amendment also includes reorganization and renumbering of the Kentucky 
Administrative Regulations. This document gives the times and locations 
that the Kentucky submittal is available for your inspection, the 
comment period during which you may submit written comments, and the 
procedures that we will follow for the public hearing, if one is 
requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., Eastern Standard Time (e.s.t.), February 10, 2022. If requested, 
we may hold a public hearing or meeting on the amendment on February 7, 
2022. We will accept requests to speak at a hearing until 4:00 p.m., 
e.s.t. on January 26, 2022.

ADDRESSES: You may submit comments, identified by SATS No. KY-255-FOR, 
by any of the following methods:
     Mail/Hand Delivery: Mr. Michael Castle, Field Office 
Director, Lexington Field Office, Office of Surface Mining Reclamation 
and Enforcement, 2675 Regency Road, Lexington, KY 40503.
     Fax: (859) 260-8410.
     Federal eRulemaking Portal: The amendment has been 
assigned Docket ID: OSM-2012-0004. If you would like to submit 
comments, go to https://www.regulations.gov. Follow the instructions 
for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Kentucky 
program, this amendment, a listing of any scheduled public hearings or 
meetings, and all written comments received in response to this 
document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSMRE's Lexington 
Field Office or the full text of the program amendment is available for 
you to read at https://www.regulations.gov.
    Mr. Michael Castle, Field Office Director, Lexington Field Office, 
Office of Surface Mining Reclamation and Enforcement, 2675 Regency 
Road, Lexington, KY 40503, Telephone: (859) 260-3900, Email: 
[email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Mr. Michael Mullins, 
Regulation Coordinator, Department for Natural Resources, Kentucky 
Energy and Environment Cabinet, 3000 Sower Boulevard, Frankfort, KY 
40601, Telephone: (502) 782-6720, Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Michael Castle, Field Office 
Director, Lexington Field Office, Office of Surface Mining Reclamation 
and Enforcement, 2675 Regency Road, Lexington, KY 40503, 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. Statutory and Executive Order Reviews

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 approved State program includes, among other things, State laws and 
regulations that govern surface coal mining and reclamation operations 
in accordance with the Act and consistent with the Federal regulations. 
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 
effective 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 the Kentucky 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

Initial Submission

    On January 30, 2012, Kentucky submitted a proposed program 
amendment (Administrative Record No. KY-1900-01) containing 
administrative regulations regarding electronic notification of 
enforcement documents and other miscellaneous changes. We published a 
Proposed Rule Notice in the June 12, 2012 Federal Register (77 FR 
34888).
    On October 23, 2012, we sent Kentucky an issue letter seeking 
clarification on language from 405 KAR 7:091. Kentucky sent us a 
response on November 15, 2012, informing us that it would make changes 
to its regulations in response to our issue letter and subsequent 
discussions, and then submit a revised amendment.
    After determining that there were regulatory changes that Kentucky 
did

[[Page 1371]]

not include in the original Kentucky submittal, we determined that we 
needed to reopen the public comment period so that the public could 
view and have the opportunity to comment on the full amendment.
    We sent Kentucky a second issue letter on August 11, 2020, asking 
Kentucky to describe the complete legislative and regulatory changes in 
the amendment and to describe the recodification of many of the 
provisions that occurred since the original Kentucky submittal. On 
October 30, 2020, Kentucky sent us a response that provided the 
requested information.
    Below is a summary of Kentucky's proposed changes. We have listed 
the changes according to their final regulatory section numbering. If 
the original regulatory section numbering differs we have listed it in 
parenthesis. The full text of the amendment is available for you to 
read at the locations listed above under ADDRESSES or at 
www.regulations.gov.

A. Reorganization of Administrative Hearing Regulations

    Kentucky proposes to merge its regulations on administrative 
hearings for surface mining with its general administrative hearing 
regulations. Kentucky would merge the regulations by removing the 
regulations at 405 KAR 7:091 and recodifying them at 400 KAR 1:090 and 
110. Kentucky would also remove the regulations at 405 KAR 7:092 and 
recodify them at 400 KAR 1:110.
    The merger would include many non-substantive changes to the 
numbering, format, and language of the regulations. We will not 
describe the non-substantive changes in this notice. The full text of 
the proposed amendment is available at the locations listed above under 
ADDRESSES or at www.regulations.gov.

B. Electronic Service of Notice of Noncompliance

1. KRS 350.130
    Kentucky proposes to revise this subchapter to provide for 
electronic delivery of notice of noncompliance and to require an 
electronic registered receipt for Kentucky to consider the delivery 
effective.
2. 405 KAR 12:020
    Kentucky proposes to revise this subchapter to provide for 
electronic delivery of notice of noncompliance, order for remedial 
measures, order for cessation and immediate compliance, and notice of 
inspection of noncompliance.
3. 405 KAR 1:090 (originally 405 KAR 7:091)
    Kentucky proposes to merge 405 KAR 7:091 Section 7 with 405 KAR 
1:110 and add provisions to allow the filing of a pleading by 
electronic mail.
4. 405 KAR 1:110 (originally 405 KAR 7:091)
    Kentucky proposes to merge 405 KAR 7:091 Section 5 with 405 KAR 
1:110 Section 3, and add provisions that would allow the electronic 
service of proposed penalty assessments, notices of assessment 
conference, notices of administrative hearings, administrative 
summonses, and other documents.

C. Miscellaneous Changes

1. 400 KAR 1:090 (originally 405 KAR 7:091)
    In merging 405 KAR 7:091 Section 1 to 400 KAR 1:090 Section 1, 
Kentucky proposes to remove provisions on public participation during 
the review of determinations concerning surface mining permits, notices 
of noncompliance, orders for cessation, performance bond amount, orders 
to abate, and other matters appropriate for adjudication by the 
Kentucky Energy and Environment Cabinet (the Cabinet).
    Kentucky proposes to rescind a proposed change from its original 
amendment submission. In our proposed rule notice published on June 12, 
2012 (Admin. Record No. KY-1900-3), we wrote that Kentucky proposed to 
add the phrase ``that is not the result of a lack of diligence on the 
part of the corporate party or its counsel'' at 405 KAR 7:091 Section 
2(1)(a). Kentucky has withdrawn that change, and the original language 
will carry over to the sub-paragraph's new location at 400 KAR 1:090 
Section 10. Kentucky also proposes non-substantive changes for clarity. 
The new sub-paragraph will read ``The failure of the corporation or 
limited liability company to appear by counsel, without good cause, 
shall be grounds for default.''
    Kentucky proposes to merge 405 KAR 7:091 Section 6 to 400 KAR 1:090 
Section 5 and to remove the requirement for notices of administrative 
hearings to be mailed to intervenors, posted at a regional office, and 
published in a local newspaper.
2. 400 KAR 1:110 (originally 405 KAR 7:092)
    Kentucky proposes to move 405 KAR 7:092 Section 4 to 400 KAR 1:110 
Section 4 and to remove the 30-day time limit for a recipient of a 
notice of penalty assessment to request an assessment conference.
    Kentucky proposes to move 405 KAR 7:092 Section 6 to 400 KAR 1:110 
Section 6 and to remove the requirement for petitions of penalty 
assessments to include full payment of the proposed penalty assessment.
3. 400 KAR 1:110
    Kentucky proposes to add two new sections to 400 KAR 1:110. Section 
13 would govern the location of administrative hearings and Section 14 
would govern judicial review and remand of final orders from the 
Secretary of the Cabinet.
4. 405 KAR 12:020
    Kentucky proposes to change 405 KAR 12:020 Section 2(5) by adding 
language to specify examples of good cause for modifying remedial 
measures, including correction of errors, changes in responsible 
parties, changes to remedial measures, and changes in abatement dates.

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 State program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 30-day comment period, they should be specific, 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 sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment

[[Page 1372]]

to withhold your personal identifying information from public review, 
we cannot guarantee that we will be able to do so.

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 
January 26, 2022. 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 a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the 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 only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the 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 make a 
written summary of each meeting a part of the administrative record.

IV. Statutory Orders and Executive Reviews

Executive Order 12866--Regulatory Planning and Review and Executive 
Order 13563--Improving Regulation and Regulatory Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. Pursuant to OMB guidance, dated October 
12, 1993, the approval of State program amendments is exempted from OMB 
review under Executive Order 12866. Executive Order 13563, which 
reaffirms and supplements Executive Order 12866, retains this 
exemption.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSMRE 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 
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.

Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
[FR Doc. 2022-00323 Filed 1-10-22; 8:45 am]
BILLING CODE 4310-05-P