[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Proposed Rules]
[Pages 27229-27230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13079]
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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.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: OSM is reopening the public comment period on 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.D.T.], June
2, 1998.
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
address 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 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 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. The
proposed amendment was announced in the December 10, 1997, Federal
Register (62 FR 65044).
The notice did not clarify that Kentucky submitted documents that
provide evidence that it has sufficient inspection and enforcement
staffing levels to regulate mining in accordance with SMCRA. OSM,
therefore, reopened the comment period to describe the documents
submitted. The submission of the additional information was
[[Page 27230]]
announced in the April 27, 1998, Federal Register (63 FR 20561).
During the course of its review, OSM determined that the required
amendments at 30 CFR 917.16(b)(1) and in the first sentence of (b)(2),
which mandate a staffing level of 408 for Kentucky, and (b)(3), which
requires that Kentucky provide a report to OSM describing the actions
taken to achieve the staffing level, could possibly be removed based on
the additional documentation Kentucky provided. Specifically, the
Director proposes to remove the entire required amendment at 917.16(b)
because Kentucky appears to have met all the requirements in 30 CFR
917.16(b) (1), (2), and (3). The comment period is being reopened
because this proposed action was not specified in the two earlier
announcements.
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.
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 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: May 8, 1998.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-13079 Filed 5-15-98; 8:45 am]
BILLING CODE 4310-05-M
