[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Proposed Rules]
[Pages 65044-65046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32222]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-217-FOR]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
[[Page 65045]]
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).
Kentucky submitted a letter requesting the removal of an amendment at
30 CFR 917.17(a) which required that it maintain a staffing level of
156 field inspectors and, in the same letter, provided justification
for its request. The amendment is intended to revise the Kentucky
program to be consistent with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., [E.S.T.],
January 9, 1998. If requested, a public hearing on the proposed
amendment will be held on January 5, 1998. Requests to speak at the
hearing must be received by 4:00 p.m., [E.S.T.], on December 29, 1997.
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 Enforcement, 2675 Regency Road, Lexington, Kentucky
40503. Telephone: (606) 233-2896.
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 Field Office, Telephone: (606) 233-2896.
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 November 3, 1997 (Administrative Record No. KY-
1418), Kentucky submitted a proposed amendment to its program
requesting the removal of an amendment at 30 CFR 917.17(a) requiring
that Kentucky maintain a staffing level of 156 field inspectors. In the
same letter, Kentucky provided the following justification for its
request:
1. Field inspector staffing levels are no longer based on 1984
inspection numbers and budgetary needs.
2. A study performed during the National Wildlife Federation
Settlement Agreement determined that a cap of 24 inspectable units per
field inspector should be established.
3. OSM has accepted the limits set by the study in determining
inspection staff levels as indicated by the approval of Title V
administrative and enforcement grants.
4. OSM's annual reports indicate that Kentucky's Title V regulatory
program consistently meets high inspection frequency levels.
Kentucky also maintains that using a fixed number of field
inspectors fails to provide the latitude necessary to adapt its
inspection force to changing conditions in the coal industry. Further,
the number of inspectors Kentucky maintains is based on the current and
ever-changing number of inspectable units.
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.,
[E.S.T.] on December 29, 1997. 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
[[Page 65046]]
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 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 2, 1997.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-32222 Filed 12-9-97; 8:45 am]
BILLING CODE 4310-05-M
