Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65125 

the LH and RH lower rear attachments are 

detected, and no corrosion and no missing 

rivet stems of the lower fuselage truss pipes 

are detected, before further flight, install part 

number (P/N) 5034–011 plugs on both the RH 

and LH rear attachments, in accordance with 

step 16 of Part A, in Part 2, Work Procedure, 

of Vulcanair SB VA–22. After installation of 

the plugs, no further action is required by 

this AD. 

(2) If, during the inspections required by 

the introductory text of paragraph (g) of this 

AD, corrosion, missing sealant, or missing 

rivet stems are detected, before further flight, 

do the following as applicable: 

(i) If corrosion or missing sealant is 

detected during the detailed visual 

inspection or tactile inspection of the RH and 

LH lower rear attachments, remove any 

sealant, and do a detailed visual inspection 

for corrosion in accordance with step 26 of 

Part B, in Part 2, Work Procedure, of 

Vulcanair SB VA–22. 

(ii) If corrosion or missing rivet stems are 

detected during the general visual inspection 

of the lower fuselage truss pipes, do a 

detailed visual inspection and tap test for 

corrosion in accordance with steps 27 and 28 

of Part B, in Part 2, Work Procedure, of 

Vulcanair SB VA–22. 

(3) If, during any inspection required by 

paragraph (g)(2) of this AD, any corrosion is 

detected on the lower fuselage truss, before 

further flight, contact the Manager, 

International Validation Branch, FAA; or 

European Union Aviation Safety Agency 

(EASA); or Vulcanair’s EASA Design 

Organization Approval (DOA) for corrective 

action instructions and do the corrective 

actions. If approved by the DOA, the 

approval must include the DOA-authorized 

signature. 

(4) If, during the inspections required by 

paragraph (g)(2) of this AD, no corrosion is 

detected, before further flight, apply sealant 

on rivets with absent stems, restore as 

necessary the sealant inside the RH and LH 

lower rear attachments, and install plugs P/ 

N 5034–011 on both the RH and LH rear 

attachments, in accordance with the 

instructions in steps 31 and 32 of Part B, in 

Part 2, Work Procedure, of Vulcanair SB VA– 

22. 

(h) Special Flight Permits 

Special flight permits are prohibited. 

(i) Alternative Methods of Compliance 

(AMOCs) 

The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (j)(2) of this AD or email to: 9- 

AVS-AIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Additional Information 

(1) Refer to EASA AD 2022–0155, dated 

August 1, 2022, for related information. This 

EASA AD may be found in the AD docket at 

regulations.gov under Docket No. FAA– 

2023–1218. 

(2) For more information about this AD, 

contact John DeLuca, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (516) 228– 

7369; email: john.p.deluca@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Vulcanair S.p.A. Service Bulletin No. 

VA–22, Revision 0, dated June 15, 2022. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Vulcanair S.p.A., via G. 

Pascoli, 7, 80026 Casoria (NA), Italy; phone: 

+39 081 5918111; email: info@vulcanair.com; 

website: support.vulcanair.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 18, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–20481 Filed 9–20–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 917 

[SATS No. KY–262–FOR; Docket No. OSM– 

2019–0014; S1D1S SS08011000 SX064A000 

201S180110; S2D2S SS08011000 

SX064A000 20XS501520] 

Kentucky Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; partial approval of 

the amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are approving, in part, 

amendments to the Kentucky regulatory 

program (Kentucky program) under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). With this amendment, Kentucky 

will revise its administrative regulations 

and make non-substantive changes such 

as paragraph renumbering. 

DATES: This rule is effective October 23, 

2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Castle, Field Office Director, 

Lexington Field Office, Telephone: (859) 

260–3900. Email: mcastle@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program 

II. Submission of the Amendment 

III. OSMRE’s Finding 

IV. Summary and Disposition of Comments 

V. OSMRE’s Decision 

VI. 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). Based on 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. The regulatory authority in 

Kentucky is the Kentucky Energy and 

Environment Cabinet (herein referred to 

as the Cabinet). 

II. Submission of the Amendment 

By letter dated November 25, 2019 

(Administrative Record Number KY– 

2004), the Cabinet submitted an 

amendment to its program under 

SMCRA (30 U.S.C. 1201 et seq.), 

docketed as KY–262–FOR. The 

amendment seeks to revise chapter 

10:001 of title 405 of the Kentucky 

Administrative Regulations (KAR), 

Bond and Insurance Requirements, 

Definitions for 405 KAR Chapter 10. The 

Cabinet seeks to revise Section 1, 

Definitions, subsection (4), definition of 

‘‘Adjacent area,’’ by adding ‘‘surface 


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water’’ to the list of resources on land 

located outside the affected area or 

permit area that could be adversely 

impacted by surface coal mining and 

reclamation operations. The Cabinet 

also seeks to add new subsection 26, 

defining ‘‘Long term treatment’’ to 

mean: 

the use of any active or passive water 

treatment necessary to meet water quality 

effluent standards at the time a permit or any 

affected permit increment attains phase one 

(1) bond release standards as determined by 

the cabinet pursuant to 405 KAR 10:040. 

In addition, the Cabinet has proposed 

certain non-substantive revisions at 405 

KAR 10:001. These revisions include 

paragraph renumbering but do not 

change the administrative regulations 

substantively. Because these changes are 

non-substantive, we make no findings 

on them. 

Additional Background Information 

On November 25, 2019, in addition to 

submitting proposed amendment KY– 

262, the Cabinet also submitted a related 

amendment, KY–261, requiring 

calculation of an additional bond when 

a need for long term treatment is 

identified by the Cabinet. Both 

submissions, KY–261 and KY–262, were 

made in response to an amendment 

OSMRE required at section 30 CFR 

917.16(p). We required the amendment 

after our review of Kentucky’s proposed 

bonding provisions under Program 

Amendment No. KY–256, as published 

in the January 29, 2018 Federal Register 

(83 FR 3948), which we found to be 

inadequate. 

The Cabinet mentions in its 

submission for KY–262 that it believes 

the amendment submitted as KY–261 is 

sufficient to satisfy the requirements of 

SMCRA when viewed in conjunction 

with the definition of ‘‘Long term 

treatment’’ proposed in KY–262. 

Importantly, on May 10, 2022, we 

approved KY–261 with a slight 

modification not relevant here. See 87 

FR 27938. In approving KY–261, we did 

not find it necessary to approve KY–262 

in conjunction. Now, for reasons 

explained below, we are approving, in 

part, the changes proposed in KY–262. 

We are not approving the definition of 

‘‘Long term treatment’’ in subsection 26. 

We announced receipt of the 

proposed amendment in the February 

25, 2020 Federal Register (85 FR 

10633). In the same notice, we opened 

a public comment period and provided 

an opportunity for a public hearing on 

these provisions (Administrative Record 

Number KY–2004–3). The public 

comment period closed on March 25, 

2020. We received a response from one 

Federal agency and one public 

comment, which we addressed in the 

Public Comments section of part IV, 

Summary and Disposition of Comments, 

below. 

III. OSMRE’s Finding 

The following are the findings we 

made concerning the proposed 

Kentucky amendment under SMCRA 

and the Federal regulations at 30 CFR 

732.15 and 732.17, which govern 

OSMRE approval of state programs and 

program amendments. We are approving 

the amendment in part, as described 

below. The full text of the approved 

amendment is available online at 

www.regulation.gov. 

Any revisions that we do not 

specifically discuss below concerning 

non-substantive wording or editorial 

changes may be found in the full text of 

the program amendment available at 

www.regulations.gov. 

The Cabinet proposed to revise KAR 

Chapter 10:001, Bond and Insurance 

Requirements, Definitions for 405 KAR 

Chapter 10, as follows. 

1. Definition of ‘‘Adjacent area’’: The 

Cabinet seeks to revise Section 1, 

Definitions, subsection (4), by adding 

‘‘surface water’’ to the list of resources 

that could be impacted by surface coal 

mining operations. 

OSMRE Finding: The term ‘‘Adjacent 

area’’ arises in various places in 405 

KAR Chapter 10. We are approving the 

revised definition because it is as 

stringent as the prior regulation, which 

is already part of Kentucky’s approved 

program, and it is as effective as the 

OSMRE regulation at 30 CFR 701.5, 

which defines ‘‘Adjacent area.’’ 

Previously, Kentucky’s definition of 

‘‘Adjacent area’’ in subsection (4) 

encompassed land outside the affected 

area or permit area where ‘‘air, surface, 

or groundwater, fish, wildlife, 

vegetation, or other [protected] 

resources’’ could be adversely impacted 

by surface coal mining and reclamation 

operations. Under this rule, the 

definition is modified to include land 

where ‘‘air, surface, surface water, 

groundwater, fish, wildlife, vegetation, 

or other [protected] resources’’ could be 

adversely impacted by surface coal 

mining and reclamation operations. As 

revised, the definition specifies that 

surface water is also a protected 

resource and it makes clear, where 

before it was ambiguous, that the 

regulatory authority, when applying 

regulations in Chapter 10 that refer to 

adjacent areas, must take into account 

whether surface waters, in addition to 

the other listed resources, may be 

adversely impacted. 

2. Definition of ‘‘Long term 

treatment’’: The Cabinet seeks to add a 

new subsection 26, defining ‘‘Long term 

treatment’’ to mean: 

the use of any active or passive water 

treatment necessary to meet water quality 

effluent standards at the time a permit or any 

affected permit increment attains phase one 

(1) bond release standards as determined by 

the cabinet pursuant to 405 KAR 10:040. 

OSMRE Finding: We are not 

approving this subsection of the 

amendment as we find it is less 

stringent than section 509(a) of SMCRA, 

30 U.S.C. 1259(a) (Performance Bonds), 

which directs that the regulatory 

authority ‘‘assure,’’ upon discovery of a 

pollutional discharge, that bonds are 

adequate to cover the cost of 

reclamation. We reach this conclusion 

because the definition could be read to 

delay the time when the regulatory 

authority may declare a need for longterm treatment to the point where a 

permitted site ‘‘attains phase one (1) 

bond release standards.’’ The problem 

with this temporal limitation is that the 

need for long-term treatment could 

become apparent long before phase one 

bond release. We believe this falls short 

of the statutory requirement in section 

509(a). We similarly conclude the 

definition is less effective than the 

Federal regulation at 30 CFR 800.14, 

which echoes section 509(a) in requiring 

that the bond amount ‘‘be sufficient to 

assure the completion of the 

reclamation plan if the work has to be 

performed by the regulatory authority in 

the event of forfeiture.’’ Further, EPA 

has commented that the approval of this 

definition seems to conflate two 

separate areas under the Clean Water 

Act (CWA), those being the water 

quality standards and the water quality 

based effluent limitation under National 

Pollutant Discharge Elimination System 

(NPDES) permits. For these reasons, we 

are not approving the definition. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

KY–262 amendment in the proposed 

rule notice published in the Federal 

Register on February 25, 2020 (85 FR 

10633), OSMRE received one comment. 

This comment is summarized and 

addressed below. 

The Kentucky Coal Association (KCA) 

submitted comments in support of KY– 

262, stating that the revisions to the 

definitions of ‘‘Adjacent area’’ and 

‘‘Long term treatment’’ satisfy the 

criteria of 30 CFR 732.15 and are in 

accordance with SMCRA. KCA also 

stated that the views of all stakeholders 

had been considered. KCA further stated 

that both definitions improve clarity 


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and provide certainty for both 

permittees and the community as a 

whole. KCA added that approval of the 

revision should resolve the ongoing 

‘‘733’’ process between Kentucky and 

OSMRE and pending litigation among 

the Cabinet, KCA, and OSMRE 

concerning Kentucky’s bonding 

program. 

OSMRE Response: We are approving 

the definition of ‘‘Adjacent area’’ and 

the non-substantive changes and 

disapproving the definition of ‘‘Longterm treatment’’ for the reasons stated 

above. While we agree with KCA that 

the definition of ‘‘Long-term treatment’’ 

may help to add clarity and certainty for 

the public, it does so in a manner that 

is less stringent that section 509(a) of 

SMCRA and less effective than the 

Federal regulation at 30 CFR 800.14. 

Federal Agency Comments 

On December 16, 2019, under 30 CFR 

732.17(h)(11)(i) and section 503(b) of 

SMCRA, we requested comments on the 

amendment from various Federal 

agencies with an actual or potential 

interest in the Kentucky (KY–262) 

program (Administrative Record No. 

KY–2004–1). We received comments 

from Environmental Protection Agency. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(ii), we 

are required to obtain written 

concurrence from EPA for those 

provisions of the program amendments 

that relate to air or water quality 

standards issued under the authority of 

the CWA (33 U.S.C. 1251 et seq.) or the 

Clean Air Act (42 U.S.C. 7401 et seq.). 

Because the program amendment does 

not relate to air or water quality 

standards we sought comment, not 

concurrence, from EPA. EPA 

commented that the term ‘‘water quality 

effluent standards’’ seems to conflate 

two separate areas under the CWA, 

those being water quality standards and 

water quality-based effluent limitations 

under NPDES permits. The EPA 

recommends that the definition be 

revised to include reference to both 

Kentucky’s water quality standards and 

NPDES permit effluent limits. EPA 

believes that this is consistent with 

OSMRE’s implementing regulations that 

acknowledge the relationship between 

the CWA and SMCRA. Because we are 

not approving the definition of ‘‘Longterm treatment,’’ the revisions to that 

definition recommended by EPA are 

unnecessary. 

State Historical Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

Under 30 CFR 732.17(h)(4), we are 

required to request comments from the 

SHPO and ACHP on amendments that 

may have an effect on historic 

properties. On December 16, 2019, we 

requested comments on Kentucky (KY– 

262) amendment (Administrative 

Record Number KY–2004–1). We did 

not receive comments from SHPO or 

ACHP. 

V. OSMRE’s Decision 

Based on the above findings, we are 

approving the revised definition of 

‘‘Adjacent area’’ in subsection 4 as well 

as non-substantive changes, and we are 

not approving the new definition for 

‘‘Long-term treatment’’ in subsection 26, 

based on the fact that the proposed 

amendment is less stringent than 

section 509(a) of SMCRA and less 

effective than the corresponding Federal 

regulation at 30 CFR 800.14, which 

requires that bonding be adequate to 

ensure that the costs of treatment are 

covered. Kentucky’s definition of 

‘‘Long-term treatment’’ ties the decision 

requiring additional bond (when a longterm pollutional discharge is 

discovered) to phase 1 bond release. 

However, once a water violation is 

discovered and reclamation needs have 

changed (i.e., water treatment is now 

required), the operator has an obligation 

to treat and bond immediately. 

Approving this definition would 

potentially postpone acquisition of an 

additional bond to a point in time long 

after the discovery of a need for longterm water treatment. Therefore, we are 

not approving this portion of the 

amendment. 

To implement this decision, we are 

amending the Federal regulations, at 30 

CFR part 948, that codify decisions 

concerning the Kentucky program. In 

accordance with the Administrative 

Procedure Act, this rule will take effect 

30 days after the date of publication. 

Section 503(a) of SMCRA requires that 

the State’s program demonstrate that the 

State has the capability of carrying out 

the provisions of the Act and meeting its 

purposes. SMCRA requires consistency 

of State and Federal standards. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12630—Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This rule would not effect a taking of 

private property or otherwise have 

taking implications that would result in 

public property being taken for 

government use without just 

compensation under the law. Therefore, 

a takings implication assessment is not 

required. This determination is based on 

an analysis of the corresponding Federal 

regulations. 

Executive Orders 12866—Regulatory 

Planning and Review, 13563— 

Improving Regulation and Regulatory 

Review, and 14094—Modernizing 

Regulatory Review 

Executive Order 12866, as amended 

by Executive Order 14094, provides that 

the Administrator of the Office of 

Information and Regulatory Affairs 

within 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 and/or plan amendments is 

exempted from OMB review under 

Executive Order 12866, as amended by 

Executive Order 14094. Executive Order 

13563, which reaffirms and 

supplements Executive Order 12866, 

does not supplant this exemption. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

reviewed this rule as required by 

Section 3 of Executive Order 12988. The 

Department determined that this 

Federal Register document meets the 

criteria of Section 3 of Executive Order 

12988, which is intended to ensure that 

the agency review its legislation and 

proposed regulations to eliminate 

drafting errors and ambiguity; that the 

agency write its legislation and 

regulations to minimize litigation; and 

that the agency’s legislation and 

regulations provide a clear legal 

standard for affected conduct rather 

than a general standard, and promote 

simplification and burden reduction. 

Because Section 3 focuses on the quality 

of Federal legislation and regulations, 

the Department limited its review under 

this Executive Order to the quality of 

this Federal Register document and to 

changes to the Federal regulations. The 

review under this Executive Order did 

not extend to the language of the State 

regulatory program or to the program 

amendment that the Cabinet proposed. 

Executive Order 13132—Federalism 

This rule is not a ‘‘[p]olicy that [has] 

Federalism implications’’ as defined by 

Section 1(a) of Executive Order 13132 

because it does not have ‘‘substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 


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65128 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

levels of government.’’ Instead, this rule 

approves an amendment to the 

Kentucky program submitted and 

drafted by that State. OSMRE reviewed 

the submission with fundamental 

federalism principles in mind as set 

forth in sections 2 and 3 of the 

Executive Order and with the principles 

of cooperative federalism set forth in 

SMCRA. See, e.g., 30 U.S.C. 1201(f). As 

such, pursuant to section 503(a)(1) and 

(7) (30 U.S.C. 1253(a)(1) and (7)), 

OSMRE reviewed the program 

amendment to ensure that it is ‘‘in 

accordance with’’ the requirements of 

SMCRA and ‘‘consistent with’’ the 

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Tribes 

through a commitment to consultation 

with Tribes and recognition of their 

right to self-governance and tribal 

sovereignty. We have evaluated this rule 

under the Department’s consultation 

policy and under the criteria in 

Executive Order 13175 and have 

determined that it has no substantial 

direct effects on federally recognized 

Tribes or on the distribution of power 

and responsibilities between the Federal 

government and Tribes. Therefore, 

consultation under the Department’s 

tribal consultation policy is not 

required. The basis for this 

determination is that there are no 

federally recognized tribes are present 

in Kentucky, and the Kentucky program 

is not approved to regulate activities on 

Indian lands as defined by SMCRA. 

Indian lands under SMCRA are 

regulated independently under the 

applicable, approved Federal program. 

Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Executive Order 13211 requires 

agencies to prepare a Statement of 

Energy Effects for a rulemaking that is 

(1) considered significant under 

Executive Order 12866, and (2) likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Because this rule is exempt from review 

under Executive Order 12866 and is not 

a significant energy action under the 

definition in Executive Order 13211, a 

Statement of Energy Effects is not 

required. 

Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This rule is not subject to Executive 

Order 13045 because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866; and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

National Environmental Policy Act 

Consistent with sections 501(a) and 

702(d) of SMCRA (30 U.S.C. 1251(a) and 

1292(d)) and the U.S. Department of the 

Interior Departmental Manual, part 516, 

section 13.5(A), State program 

amendments are not major Federal 

actions within the meaning of section 

102(2)(C) of the National Environmental 

Policy Act (42 U.S.C. 4332(2)(C)). 

National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (15 U.S.C. 3701 et seq.) 

directs OSMRE to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. (OMB Circular 

A–119 at p. 14). This action is not 

subject to the requirements of section 

12(d) of the NTTAA because application 

of those requirements would be 

inconsistent with SMCRA. 

Paperwork Reduction Act 

This rule does not include requests 

and requirements of an individual, 

partnership, or corporation to obtain 

information and report it to a Federal 

agency. As this rule does not contain 

information collection requirements, a 

submission to the Director of the Office 

of Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) is not required. 

Regulatory Flexibility Act 

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 

corresponding 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. 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 

corresponding Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) does not have an annual 

effect on the economy of $100 million; 

(b) will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based on an analysis of 

the corresponding Federal regulations, 

which were determined not to 

constitute a major rule. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. This 

determination is based on an analysis of 

the corresponding Federal regulations, 

which were determined not to impose 

an unfunded mandate. Therefore, a 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

List of Subjects in 30 CFR Part 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Thomas D. Shope, 

Regional Director, North Atlantic— 

Appalachian Region. 

For the reasons set out in the 

preamble, 30 CFR part 917 is amended 

as follows: 

PART 917—KENTUCKY 

■ 1. The authority citation for part 917 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. In § 917.15 amend the table in 

paragraph (a) by adding a second entry 

for ‘‘November 25, 2019’’ at the end of 

the table to read as follows: 

§ 917.15 Approval of Kentucky regulatory 

program amendments. 

(a) * * * 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65129 

Original amendment submission 

date Date of final publication Citation/description 

*******

November 25, 2019 ....................... September 21, 2023 ...................... KAR Chapter 10:001 Section 1, Definitions, subsection (4)—Adjacent 

area. 

* * * * * 

■ 3. Amend § 917.17 by adding 

paragraph (e) to read as follows: 

§ 917.17 State regulatory program 

amendments not approved. 

* * * * * 

(e) We are not approving the 

following provision of the proposed 

Kentucky program amendments dated 

November 25, 2019: KAR Chapter 

10:001 Section 1, Subsection 26— 

Definition of ‘‘Long term treatment’’. 

[FR Doc. 2023–20013 Filed 9–20–23; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID: DoD–2022–OS–0142] 

RIN 0790–AL62 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense (OSD), Department of Defense 

(DoD). 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(Department or DoD) is issuing a final 

rule to amend its regulations to exempt 

portions of the system of records titled 

CIG–16, ‘‘Inspector General 

Administrative Investigation Records,’’ 

(IGAIR) from certain provisions of the 

Privacy Act of 1974. 

DATES: This rule will be effective on 

October 23, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rahwa Keleta, Privacy and Civil 

Liberties Division, Directorate for 

Privacy, Civil Liberties and Freedom of 

Information, Office of the Assistant to 

the Secretary of Defense for Privacy, 

Civil Liberties, and Transparency, 

Department of Defense, 4800 Mark 

Center Drive, Mailbox #24, Suite 08D09, 

Alexandria, VA 22350–1700; 

OSD.DPCLTD@mail.mil; (703) 571– 

0070. 

SUPPLEMENTARY INFORMATION: 

Discussion of Comments and Changes 

The proposed rule published in the 

Federal Register (88 FR 7375–7378) on 

February 3, 2023. Comments were 

accepted for 60 days until April 4, 2023. 

One comment was received which 

stated support for the exemption rule. 

I. Background 

In finalizing this rule, OSD is 

exempting portions of this system of 

records titled, CIG–16, ‘‘Inspector 

General Administrative Investigation 

Records,’’ from certain provisions of the 

Privacy Act of 1974. This system 

contains records of DoD Office of 

Inspector General mission activities 

such as: the identification, referral, and 

investigation of DoD Hotline 

complaints; administrative 

investigations of both military and 

civilian senior officials accused of 

misconduct; oversight and investigation 

of whistleblower reprisal cases against 

Service members, DoD contractor 

employees, and DoD civilian employees 

(appropriated and non-appropriated 

fund); and improper command referrals 

of Service member mental health 

evaluations. 

II. Privacy Act Exemption 

The Privacy Act allows Federal 

agencies to exempt eligible records in a 

system of records from certain 

provisions of the Act, including those 

that provide individuals with a right to 

request access to and amendment of 

their own records. If an agency intends 

to exempt a particular system of records, 

it must first go through the rulemaking 

process pursuant to 5 U.S.C. 553(b)(1)– 

(3), (c), and (e). 

OSD is amending 32 CFR 310.28(c)(4) 

to change the system name and to 

exempt portions of this system of 

records from certain provisions of the 

Privacy Act because information in this 

system of records may also fall within 

the scope of the following Privacy Act 

exemptions: 5 U.S.C. 552a(j)(2) and 

(k)(1). 

Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. It has been determined that 

this rule is not a significant regulatory 

action under these Executive orders. 

Congressional Review Act (5 U.S.C. 

804(2)) 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. DoD will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States. A major rule may take effect no 

earlier than 60 calendar days after 

Congress receives the rule report or the 

rule is published in the Federal 

Register, whichever is later. This rule is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1532(a)) requires agencies to 

assess anticipated costs and benefits 

before issuing any rule whose mandates 

may result in the expenditure by State, 

local and Tribal Governments in the 

aggregate, or by the private sector, in 

any one year of $100 million in 1995 

dollars, updated annually for inflation. 

This rule will not mandate any 

requirements for State, local, or Tribal 

Governments, nor will it affect private 

sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601 et seq.) 

The Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency has certified that this rule 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) 

because it would not, if promulgated, 

have a significant economic impact on 


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