[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Proposed Rules]
[Pages 816-818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-190]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-219-FOR]
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: OSM is 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).
The proposed amendment would change the Kentucky program regulations to
authorize silviculture or managed woodland, and fish and wildlife,
postmining land uses on mountaintop removal mining operations. The
amendment is intended to revise the Kentucky program to encourage
reforestation and creation of fish and wildlife habitat on reclaimed
mine lands.
DATES: Written comments must be received by 4:00 p.m., February 5,
1999. If requested, a public hearing on the proposed amendment will be
held on February 1, 1999. Requests to speak at the hearing must be
received by 4:00 p.m., on January 21, 1999.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to William J. Kovacic, Director, at the
address listed below.
Copies of the Kentucky program, the proposed amendment, a listing
of any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed amendment by contacting OSM's Lexington Field Office.
William J. Kovacic, Director, Lexington Field Office, Office of Surface
Mining Reclamation and Enforcement, 2675 Regency Road, Lexington,
Kentucky 40503, Telephone: (606) 233-2494
Department of Surface Mining Reclamation and Enforcement, 2 Hudson
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940
FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director,
Lexington
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Field Office, Telephone: (606) 233-2494.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
On May 18, 1982, the Secretary of the Interior conditionally
approved the Kentucky program. Background information on the Kentucky
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the May 18,
1982, Federal Register (47 FR 21404). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
917.11, 917.13, 917.15, 917.16, and 917.17.
II. Description of the Proposed Amendment
By letter dated December 3, 1998 (Administrative Record No. KY-
1445), Kentucky submitted the following proposed amendments to the
Kentucky program.
1. 405 KAR 8:050 Section 4. Mountaintop Removal Mining
Section 4.(3)(a) of Kentucky's permitting requirements for
mountaintop removal mining would be amended as described below. The
amended provision is counterpart to the Federal regulations at 30 CFR
785.14(c)(1).
In section 4.(3)(a)1, ``fish and wildlife'' is added as a
postmining land use. As amended, section 4.(3)(a)1 reads as follows:
``1. An industrial, commercial, agricultural, fish and wildlife,
residential, or public facility (including recreational facilities)
use; or.''
New section 4.(3)(a)2 is added to authorize silviculture or managed
woodland as a postmining land use on mountaintop removal mining
operations. As amended, section 4.(3)(a)2 reads as follows: ``Forest
land, if the forest will be managed for silviculture or commercial
woodland and a flat or gently rolling land surface is necessary for the
operation of mechanical harvesting equipment.''
2. 405 KAR 20:050 Mountaintop Removal
Section 1(3) of the performance standards for mountaintop removal
mining would be amended as described below. The amended provision is
counterpart to the Federal regulations at 30 CFR 824.11(a)(3).
In section 1.(3)(a), ``fish and wildlife'' is added as a postmining
land use. As amended, section 1.(3)(a) reads as follows: ``(3)(a) An
industrial, commercial, agricultural, fish and wildlife, residential,
or public facility (including recreational facilities) use is proposed
and approved for the affected land; or.''
New section 1.(3)(b) is added to authorize silviculture or managed
woodland as a postmining land use on mountaintop removal mining
operations. As amended, section 1.(3)(b) reads as follows: ``Forest
land use, if the forest will be managed for silviculture or commercial
woodland and a flat or gently rolling land surface is necessary for the
operation of mechanical harvesting equipment, is proposed and approved
for the affected land;''
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Kentucky program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Lexington Field Office will
not necessarily be considered in the final rulemaking or included in
the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., on
January 21, 1999. The location and time of the hearing will be arranged
with those persons requesting the hearing. If no one requests an
opportunity to speak at the public hearing, the hearing will not be
held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
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
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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 Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined 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 State submittal which is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 28, 1998.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 99-190 Filed 1-5-99; 8:45 am]
BILLING CODE 4310-05-P
