65122 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

AD 2022–04–04, Amendment 39–21945 

(87 FR 9435, February 22, 2022); and 

■ b. Adding the following new 

airworthiness directive: 

2023–17–04 Continental Aerospace 

Technologies, Inc.: Amendment 39– 

22530; Docket No. FAA–2022–1159; 

Project Identifier AD–2022–00692–E. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective October 26, 2023. 

(b) Affected ADs 

This AD replaces AD 2022–04–04, 

Amendment 39–21945 (87 FR 9435, February 

22, 2022) (AD 2022–04–04). 

(c) Applicability 

This AD applies to Continental Aerospace 

Technologies, Inc. (Continental) model 

engines equipped with an F&M Enterprises, 

Inc. (F&M) or a Stratus Tool Technologies, 

LLC (Stratus) oil filter adapter installed per 

Supplemental Type Certificate SE8409SW, 

SE09356SC, or SE10348SC. 

Note 1 to paragraph (c): These F&M and 

Stratus oil filter adapters are known to be 

installed on Continental Model C–125, C– 

145, GO–300, IO–360, IO–470, IO–520, IO– 

550, O–300, O–470, TSIO–360, and TSIO– 

520 series engines. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 8550, Reciprocating Engine Oil System. 

(e) Unsafe Condition 

This AD was prompted by reports of two 

accidents that were the result of power loss 

due to oil starvation. The FAA is issuing this 

AD to prevent loss of engine power. The 

unsafe condition, if not addressed, could 

result in failure of the engine, in-flight 

shutdown, and loss of control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Before accumulating 50 flight hours after 

the effective date of this AD or at the next 

scheduled oil change after the effective date 

of this AD, whichever occurs first, remove 

any F&M or Stratus oil filter adapter fiber 

gasket from service and replace it with an oil 

filter adapter copper gasket, part number (P/ 

N) AN900–28 or P/N AN900–29, or a 

stainless steel polytetrafluoroethylene gasket, 

P/N ST07, as applicable, in accordance with 

the Compliance Instructions, paragraph 6., 

pages 6 through 10 (including all detailed 

instructions for Figure 5 through Figure 16), 

of Stratus Tool Technologies Mandatory 

Service Bulletin SB–001 Rev C, dated June 

16, 2022. 

(h) Installation Prohibition 

After the effective date of this AD, do not 

install an F&M or a Stratus oil filter adapter 

fiber gasket on any affected engine. 

(i) Credit for Previous Actions 

You may take credit for the actions 

required by paragraph (g) of this AD if you 

performed those actions before the effective 

date of this AD using Stratus Tool 

Technologies Mandatory Service Bulletin 

SB–001 Rev B, dated June 17, 2021, which 

was previously approved for IBR on March 

29, 2022 (87 FR 9435, February 22, 2022), but 

is not incorporated by reference in this AD. 

(j) Special Flight Permit 

A special flight permit may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to permit a one-time non-revenue ferry flight 

to operate the airplane to the nearest location 

where the maintenance action can be 

performed provided that the engine oil 

pressure and engine oil temperatures are in 

their allowable ranges and there is no 

noticeable increase in engine noise. This 

flight must be performed with no passengers 

on board. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, East Certification 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 

certification branch, send it to the attention 

of the person identified in paragraph (l) of 

this AD. 

(2) 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. 

(3) AMOCs approved for AD 2022–04–04 

are approved as AMOCs for the 

corresponding provisions of this AD. 

(l) Additional Information 

For more information about this AD, 

contact George Hanlin, Aviation Safety 

Engineer, FAA, 1701 Columbia Avenue, 

College Park, GA 30337; phone: (404) 474– 

5584; email: 9-ASO-ATLACO-ADs@faa.gov. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) 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) Stratus Tool Technologies Mandatory 

Service Bulletin SB–001 Rev C, dated June 

16, 2022. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Stratus Tool Technologies, 

LLC, 2208 Air Park Drive, Burlington, NC 

27215; phone: (800) 822–3200; website: 

tempestplus.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. 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 15, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–20445 Filed 9–20–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1218; Project 

Identifier MCAI–2022–01025–A; Amendment 

39–22536; AD 2023–17–10] 

RIN 2120–AA64 

Airworthiness Directives; Vulcanair 

S.p.A. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Vulcanair S.p.A. Model V1.0 airplanes. 

This AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI identifies 

the unsafe condition as corrosion on the 

lower fuselage truss. This AD requires a 

detailed visual inspection of the righthand (RH) and left-hand (LH) lower rear 

attachments of the fuselage truss for 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65123 

corrosion, a tactile inspection of the 

lower rear attachments for missing 

sealant, and a general visual inspection 

of the lower fuselage truss welded pipes 

for corrosion and the related rivets for 

missing stems and, depending on 

findings, additional inspections and 

actions (including a tap test) and 

applicable corrective actions. The FAA 

is issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective October 26, 

2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 26, 2023. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1218; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the MCAI, any 

comments received, and other 

information. The address for Docket 

Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For service information identified 

in this final rule, 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. 

• 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. It is also available 

at regulations.gov under Docket No. 

FAA–2023–1218. 

FOR FURTHER INFORMATION 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. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Vulcanair S.p.A. Model 

V1.0 airplanes. The NPRM published in 

the Federal Register on June 27, 2023 

(88 FR 41510). The NPRM was 

prompted by AD 2022–0155, dated 

August 1, 2022 (referred to after this as 

the MCAI), issued by the European 

Union Aviation Safety Agency (EASA), 

which is the Technical Agent for the 

Member States of the European Union. 

The MCAI states that there have been 

reports of corrosion on the lower 

fuselage truss on two Vulcanair Model 

V1.0 airplanes. Missing sealant or 

missing rivet stems were determined to 

be the root cause of corrosion by 

allowing water ingress into the lower 

fuselage truss. In both reported cases, 

corrosion was externally visible, having 

penetrated the thickness of the pipes. 

However, corrosion could be present 

inside the pipes and remain undetected 

without proper inspection. This 

condition, if not detected and corrected, 

could result in loss of control of the 

airplane. 

In the NPRM, the FAA proposed to 

require a detailed visual inspection of 

the RH and LH lower rear attachments 

of the fuselage truss for corrosion, a 

tactile inspection of the lower rear 

attachments for missing sealant, and a 

general visual inspection of the lower 

fuselage truss welded pipes for 

corrosion and the related rivets for 

missing stems and, depending on 

findings, additional inspections and 

actions (including a tap test) and 

applicable corrective actions. The FAA 

is issuing this AD to address the unsafe 

condition on these products. The unsafe 

condition, if not addressed, could result 

in loss of control of the airplane. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1218. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the costs. 

Conclusion 

These products have been approved 

by the aviation authority of another 

country and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with this 

State of Design Authority, it has notified 

the FAA of the unsafe condition 

described in the MCAI referenced 

above. The FAA reviewed the relevant 

data and determined that air safety 

requires adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. This AD is adopted as 

proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Vulcanair S.p.A. 

Service Bulletin No. VA–22, Revision 0, 

dated June 15, 2022 (Vulcanair SB VA– 

22). This service information specifies 

procedures for inspections of the lower 

fuselage truss for corrosion, missing 

sealant, and missing rivet stems; and, in 

case of findings, additional inspections 

and actions to detect corrosion, 

including a tap test and raising the 

airplane nose. This service information 

specifies to contact Vulcanair for 

corrective actions. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in ADDRESSES. 

Differences Between This AD and the 

MCAI 

Although Vulcanair SB VA–22, which 

is referenced in the MCAI, specifies that 

‘‘in case of doubts, raise the aircraft nose 

and audibly detect the presence of 

corrosion residues inside the fuselage 

truss,’’ this AD does not require that 

action. 

Paragraph (1) of the MCAI states to 

‘‘accomplish a general visual and tactile 

inspection of the right-hand (RH) and 

left-hand (LH) lower rear attachments of 

the fuselage truss’’ in accordance with 

the instructions of Part A of Vulcanair 

SB VA–22. However, step 14, Part A, of 

Vulcanair SB VA–22 specifies to do a 

detailed visual inspection. In email 

communication between EASA and the 

FAA, EASA clarified that this should be 

a detailed visual inspection performed 

in accordance with the procedures 

specified in Vulcanair SB VA–22; 

therefore, this AD requires a detailed 

visual inspection of the RH and LH 

lower rear attachments of the fuselage 

truss for corrosion. 

The MCAI requires contacting the 

manufacturer for approved corrective 

action instructions if any corrosion is 

found on the lower fuselage truss. This 

AD requires contacting either the 

Manager, International Validation 

Branch, FAA; or EASA; or Vulcanair’s 

EASA Design Organization Approval 

(DOA). If approved by the DOA, the 

approval must include the DOAauthorized signature. 

Costs of Compliance 

The FAA estimates that this AD 

affects 17 airplanes of U.S. registry. 

The FAA estimates the following 

costs to comply with this AD: 


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65124 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Detailed visual inspection and tactile inspection of the RH 

and LH lower rear attachments, and a general visual inspection of the pipes.

8 work-hours × $85 per hour 

= $680.

$0 $680 $11,560 

The FAA estimates the following 

costs to do any necessary actions that 

would be required based on the results 

of the required inspections. 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Remove sealant and detailed inspection of inner face of longitudinal 

tubes connected to lower rear attachments.

4 work-hours × $85 per hour = 

$340.

$0 $340 

Detailed visual inspection and tap test of the lower fuselage truss pipes 4 work-hours × $85 per hour = 

$340.

0 340 

Installation of plug P/N 5034–011 on RH and LH lower rear attachments 0.50 work-hour × $85 per hour = 

$42.50.

130 172.50 

The corrective action instructions that 

may be needed as a result of these 

inspections could vary significantly 

from airplane to airplane. The FAA has 

no data to determine the costs to 

accomplish those corrective actions or 

the number of airplanes that might need 

these corrective actions. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–17–10 Vulcanair S.p.A.: Amendment 

39–22536; Docket No. FAA–2023–1218; 

Project Identifier MCAI–2022–01025–A. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective October 26, 2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Vulcanair S.p.A. Model 

V1.0 airplanes, serial numbers (S/Ns) 1001 

through 1034 inclusive, except S/Ns 1008 

and 1019, certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 5311, Fuselage Main, Frame. 

(e) Unsafe Condition 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

identifies the unsafe condition as corrosion 

on the lower fuselage truss. The FAA is 

issuing this AD to address the unsafe 

condition. The unsafe condition, if not 

addressed, could result in loss of control of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Within 100 hours time-in-service or 12 

months after the effective date of this AD, 

whichever occurs first, do a detailed visual 

inspection of the right-hand (RH) and lefthand (LH) lower rear attachments of the 

fuselage truss for corrosion, a tactile 

inspection of the RH and LH lower rear 

attachments of the fuselage truss for missing 

sealant, a general visual inspection of the 

pipes on the lower fuselage truss for 

corrosion, and a general visual inspection of 

the pipes on the lower fuselage truss for 

rivets with missing stems, in accordance with 

steps 13 and 14 of Part A, in Part 2, Work 

Procedure, of Vulcanair S.p.A. Service 

Bulletin No. VA–22, Revision 0, dated June 

15, 2022 (Vulcanair SB VA–22). 

(1) If, during the inspections required by 

the introductory text of paragraph (g) of this 

AD, no missing sealant and no corrosion of 


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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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