Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 15953 

third party, or open source media and 

it may be impossible to ensure the 

accuracy, relevance, timeliness, and 

completeness of potential impeachment 

information maintained prior to and 

during the process of being verified. 

(9) From subsection (e)(8) of the 

Privacy Act because the nature of the 

Giglio discovery process renders notice 

of compliance with the compulsory 

discovery process impractical. 

(10) From subsections (f) and (g) of 

the Privacy Act because these 

subsections are inapplicable to the 

extent that the system is exempt from 

other specific subsections of the Privacy 

Act. 

Dated: March 4, 2015. 

Erika Brown Lee, 

Chief Privacy and Civil Liberties Officer, 

United States Department of Justice. 

[FR Doc. 2015–06938 Filed 3–25–15; 8:45 am] 

BILLING CODE 4410–FB–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 917 

[SATS No. KY–256–FOR; Docket ID: OSM– 

2012–0014; S1D1SSS08011000SX066A0006

7F154S180110; S2D2SSS08011000SX066

A00033F15XS501520] 

Kentucky Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; reopening of the 

public comment period and opportunity 

for public hearing. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are reopening the public 

comment period on the proposed 

amendment to the Kentucky regulatory 

program (the Kentucky program) under 

the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act) that was originally published on 

February 20, 2013. The public comment 

period and opportunity for public 

hearing is being reopened to incorporate 

subsequent information (emergency 

regulations, permanent regulations, 

legislation, and revised statutes) that we 

received from Kentucky to address a 

deficiency in the Kentucky program 

regarding reclamation bonds and to 

revise its program to be administered in 

a manner consistent with SMCRA and 

the Federal regulations. 

This document gives the times and 

locations that this proposed amendment 

to the Kentucky program is available for 

your inspection, the comment period 

during which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on the proposed rules until 

4:00 p.m., Eastern Standard Time (EST) 

April 27, 2015. If requested, we will 

hold a public hearing on April 20, 2015. 

We will accept requests to speak until 

4:00 p.m., EST on April 10, 2015. 

ADDRESSES: You may submit comments, 

identified by SATS No. KY–256–FOR 

and OSM Docket No. OSM–2012–0004, 

by any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2012–0014. Please follow the online 

instructions for submitting comments. 

• Email: Mr. Robert Evans, 

bevans@osmre.gov. 

• Fax: (859) 260–8410. 

• Mail/Hand Delivery: Mr. Robert 

Evans, Field Office Director, Lexington 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 2675 

Regency Road, Lexington, Kentucky 

40503. Please include the rule 

identifiers (SATS No. KY–256–FOR and 

Docket ID OSM–2012–0014) with your 

comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Kentucky program, 

this amendment, a listing of any 

scheduled public hearings, and all 

written comments received in response 

to this document, you must go to the 

address listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT or the 

full text of the program amendment is 

available for you to read at 

www.regulations.gov. Mr. Robert Evans, 

Field Office Director, Lexington Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 2675 

Regency Road, Lexington, Kentucky 

40503. Telephone: (859) 260–3900. 

Email: bevans@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: Mr. 

Steve Hohmann, Commissioner, 

Kentucky Department for Natural 

Resources, 2 Hudson Hollow, Frankfort, 

Kentucky 40601. Telephone: (502) 564– 

6940. Email: Steve.Hohmann@ky.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Evans, Office of Surface Mining 

Reclamation and Enforcement, 

Telephone: (859) 260–3900. Email: 

bevans@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

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 program 

includes, among other things, ‘‘* * * 

State law which provides for the 

regulation of surface coal mining and 

reclamation operations in accordance 

with the requirements of this Act * * *; 

and rules and regulations consistent 

with regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Kentucky 

program on 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, 

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 917.11–917.17. 

II. Description of the Proposed 

Amendment 

Kentucky submitted information on 

three occasions in response to a Notice 

under 30 CFR part 733 that we sent to 

Kentucky on May 1, 2012 (Docket ID 

OSM–2012–0014) regarding deficiencies 

in its bonding program. These 

submissions are intended to address the 

noted deficiencies and were submitted 

as follows: September 28, 2012 

(emergency and permanent 

administrative regulations), July 5, 2013 

(House Bill (HB) 66 and emergency and 

permanent regulations), and December 

3, 2013 (revised statutes and permanent 

regulations). Below is a summary of 

those submissions. 

A. Kentucky Response (First 

Submission, September 28, 2012): We 

announced receipt of the submission on 

September 28, 2012, (first amendment 

request) in the February 20, 2013 

Federal Register (78 FR 11796). We are 

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15954 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

summarizing the content of that 

submission again. Our intent is to issue 

one decision pertaining to both that 

submission and the two additional 

submissions announced in this Notice. 

The first amendment submission 

included program changes intended to 

take immediate action involving the 

financial inadequacies of the bond 

program. These program changes are 

identified as either emergency Kentucky 

Administrative Regulations (KARs) or 

corresponding permanent (ordinary) 

KARs. Both the emergency and 

permanent regulations were signed by 

the Secretary, Energy and Environment 

Cabinet on May 4, 2012 and submitted 

to the Kentucky Legislative Research 

Commission (LRC) on that date. 

Kentucky recognizes emergency 

regulations as being valid for 180 days 

unless permanent regulations are 

approved and replace the emergency 

regulations. 

Since Kentucky permanent 

regulations were approved on 

September 6, 2012, the emergency 

regulations expired and we will not be 

rendering a decision on the emergency 

regulations in this, or any future, 

rulemaking. Instead, we will issue a 

decision only on the permanent 

regulations. We are including only a 

brief summary of the emergency 

administrative regulations, along with a 

more detailed description in the 

corresponding permanent 

administrative regulations. Significant 

program changes that have been 

submitted for approval are highlighted 

below. Minor changes such as 

typographical corrections, crossreference changes, and paragraph 

renumbering are not mentioned. 

1. Emergency Kentucky Administrative 

Regulations 

• 405 KAR 10:011E: This is an 

emergency regulation (as noted by an E 

following the section number) and is an 

emergency repealer that removes the 

following two administrative 

regulations from Chapter 10 of Title 405: 

Chapter 405 KAR 10:010, General 

Requirements for Performance Bond and 

Liability Insurance, and 405 KAR 

10:020, Amount and Duration of 

Performance Bond. With the exception 

of 405 KAR 10:010, sections 4 and 5, the 

contents of the repealed sections are 

being relocated into a new 

administrative regulation which will 

contain all information on bonding 

surface mine disturbances (See 405 KAR 

10:015 addressed below). Section 4, 

Requirement to File a Certificate of 

Liability, and Section 5, Incorporation 

By Reference, are being relocated to 405 

KAR 10:030, which is addressed below. 

• 405 KAR 10:015E: This is an 

emergency regulation and it 

immediately implements certain 

provisions of Kentucky’s plan to address 

the bonding deficiencies. This 

emergency regulation is identical to the 

permanent (ordinary) regulations at 405 

KAR 10:015 noted below. 

2. Permanent (Ordinary) Kentucky 

Administrative Regulations 

• 405 KAR 10:015, General bonding 

provisions: This is a new regulation that 

combines two repealed sections (405 

KAR 10:010 and 10:020 mentioned 

above) and incorporates parts of 405 

KAR 10:030 (addressed below). It 

consolidates into one regulation all 

current existing bonding criteria, types 

of bonds, bonding methods, terms and 

conditions of bonds, and new 

calculation protocols. It also contains a 

protocol for bond calculation for 

demolition and disposal costs for 

materials used in mining operations at 

preparation plants. In addition, it 

provides for the calculation of costs 

associated with mine sites that have 

been identified as producers of 

substandard effluent discharges 

requiring long term treatment. The 

following significant program changes 

are included within this regulation: 

—Section 6, Determination of Bond 

Amounts: This section allows the 

cabinet to use the reclamation costs 

submitted in the permit application to 

establish the bond amount required, if 

those costs are higher than the 

reclamation costs calculated by the 

cabinet. It also requires the cabinet to 

review bond amounts established in 

the regulations at a minimum of every 

two years to determine if those 

amounts are adequate after 

consideration of the impacts of 

inflation and increases in reclamation 

costs. 

—Section 7, Minimum Bond Amount: 

This section increases minimum bond 

amounts to $75,000 for the entire 

surface area under one permit, 

$75,000 per increment for 

incrementally bonded permits, 

$50,000 for a permit or increment 

operating on previously mined areas, 

and $10,000 for underground mines 

that have only underground 

operations (i.e., no surface facilities). 

—Section 8, Bonding Rate of Additional 

Areas: This section establishes new, 

increased bond amounts as follows: 

• $2,500 per acre and each fraction 

thereof for coal haul roads, other 

mine access roads, and mine 

management areas; 

• $7,500 per acre and each fraction 

thereof for refuse disposal areas; 

• $10,000 per acre and each fraction 

thereof for an embankment 

sediment control pond. Each pond 

must be measured separately if the 

pond is located off-bench 

downstream of the proposed mining 

or storage area. The cabinet also 

may apply this rate to partial 

embankment structures as deemed 

necessary; 

• $3,500 per acre and each fraction 

thereof for coal preparation plants. 

In addition, the bond amount must 

include the costs associated with 

demolition and disposal of 

concrete, masonry, steel, timber, 

and other materials associated with 

surface coal mining and 

reclamation operations; 

• $2,000 per acre and each fraction 

thereof for operations on previously 

mined areas; 

• $3,500 per acre and each fraction 

thereof for all areas not otherwise 

addressed; and 

• For permits with substandard 

drainage that require long-term 

treatment, the cabinet must 

calculate and the permittee must 

post an additional bond amount 

based on the annual treatment cost 

provided by the permittee, 

multiplied by 20 years. In lieu of 

posting this additional bond 

amount, the permittee may submit 

a satisfactory reclamation and 

remediation plan for the areas 

producing the substandard 

drainage. 

—Section 11, Supplemental Assurance: 

This section now includes the 

supplemental assurance requirements 

previously located at 405 KAR 16:020 

(see summary of 16:020 below) and 

increases the supplemental assurance 

amount from $50,000 to $150,000. 

• 405 KAR 10:030. General 

requirements for liability insurance: 

This regulation has been amended. Prior 

to this revision the regulation included 

general requirements for the types, 

terms, and conditions of performance 

bonds and liability insurance. In this 

revision, all references to performance 

bonds have been removed from sections 

1 through 3 and now only requirements 

for liability insurance are included 

(former sections 4 and 5 have been 

renumbered as sections 2 and 3). 

Requirements for performance bonds 

have been moved to 405 KAR 10:015 as 

noted above. Also, two forms are 

specified as requirements related to 

liability insurance coverage: Certificate 

of Liability Insurance, and Notice of 

Cancellation, Nonrenewal or Change of 

Liability Insurance. 

• 405 KAR 16:020. Contemporaneous 

reclamation: This regulation has been 

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amended. A new section is included 

(Section 1, Definitions) and it defines 

the term ‘‘completed reclamation.’’ 

Subsequently, other sections have been 

renumbered. Other changes include 

adding references to the new section, 

405 KAR 10:015, and removing the 

section involving Supplemental 

Assurance. Regulatory information 

regarding supplemental assurance has 

been relocated to 405 KAR 10:015, 

noted above. 

We are not seeking comments on the 

emergency regulations at 10:011E and 

10:015E as they have been replaced by 

10:015. If you submitted comments on 

the emergency and permanent 

regulations noted above during the 

public comment period when we 

published the first submission (79 FR 

11796) you do not need to resubmit 

them, we will be considering these 

comments in our analysis of the total 

submission. 

B. Kentucky Response: (Second 

Submission, July 5, 2013, and Third 

Submission, December 3, 2013): The 

first submission primarily addresses 

general bonding provisions (bonding 

criteria, types of bonds, bonding 

methods, terms and conditions of 

bonds, and new calculation protocols). 

The second and third submissions 

address the source of revenue used to 

supplement permit-specific bonds, the 

Kentucky Reclamation Guaranty Fund 

(KRGF), the responsible entities for 

managing the fund, and other bond pool 

related provisions. 

On March 11, 2013, the General 

Assembly of the Commonwealth of 

Kentucky enacted HB No. 66 (HB 66), 

which addressed the deficiencies of the 

bonding program. This bill had an 

emergency clause (section 14) and 

therefore became effective upon 

signature of the Governor on March 22, 

2013. On July 5, 2013, Kentucky 

submitted HB 66 and emergency and 

permanent regulations to OSMRE for 

approval. 

Kentucky Revised Statutes (KRS), 

sections were submitted to OSMRE for 

approval in December 2013, along with 

final permanent regulations. We are 

including a summary of the KRS 

sections along with the corresponding 

HB sections even though the revised 

statutes were submitted with the third 

submission. This is being done since the 

HB and statutes are interrelated. The 

following summarizes the HB, revised 

statutes, and emergency and permanent 

regulations: 

1. Legislative Action and Revised 

Statutes—House Bill 66 (Second 

Submission) and Kentucky Revised 

Statutes (Third Submission): On March 

11, 2013, HB 66 was enacted and on 

March 22, 2013, it was signed by the 

Governor. The major changes involved 

repealing KRS sections 350.700 through 

350.755 (which applied to the voluntary 

bond pool fund and commission) and 

adding new sections 350.500 through 

350.521. The following sections of the 

bill are noted along with the 

corresponding KRS sections, where 

available. 

• HB 66 Section 1—KRS 350.500. 

Definitions for KRS 350.500 to 350.521: 

This is a new section that provides the 

HB 66 definitions of actuarial 

soundness, date of the establishment of 

the new fund KRGF, Reclamation 

Guaranty Fund Commission (RGFC), 

and voluntary bond pool fund. 

• HB 66 Section 2—KRS 350.503. 

Kentucky reclamation guaranty fund: 

This is a new section that establishes 

the KRGF, which is assigned to the 

cabinet. The KRGF is an interest-bearing 

reclamation account, requiring 

mandatory participation and designed 

to cover the excess costs of reclamation 

for coal mining sites when the permitspecific performance (penal) bond is 

inadequate. This does not apply to 

permits forfeited prior to January 1, 

2014, except for obligations that may 

arise from the forfeiture of bond prior to 

that date secured by the voluntary bond 

pool. Funds are also used to compensate 

the cabinet for costs incurred for 

administering the fund, procuring 

audits and actuarial studies, and 

operating and necessary legal expenses 

of the RGFC. The fund cannot be used 

for the long-term treatment of 

substandard water discharges or to 

repair subsidence damage. In addition, 

the fund is exempt from the 

requirements applicable to insurers. 

• HB 66 Section 3—KRS 350.506. 

Reclamation Guaranty Fund 

Commission—Membership—Bylaws— 

Meetings—Conflicts of Interest— 

Applicability of Executive Branch Code 

of Ethics: This is a new section that 

creates the RGFC that is attached to the 

cabinet. This section provides the makeup of the RGFC membership; the terms 

and conditions of membership 

appointments and the establishment of 

bylaws, official domicile, meeting 

frequency, member stipend; and 

attendance requirements. Further, it 

addresses limits on direct or indirect 

financial interest of the members, 

membership immunity from civil or 

criminal proceedings, and ethics terms. 

• HB 66 Section 4—KRS 350.509. 

Duties of commission: This is a new 

section and it outlines the 

responsibilities of the RGFC that 

include reviewing, recommending, and 

promulgating regulations necessary to: 

Monitor and maintain the fund; 

establish a structure for processing 

claims and making payments; establish 

the mechanisms for the review of the 

viability of the fund; set a schedule for 

penalties for late payment or failure to 

pay fees and assessments; review and 

assign classification of mine types for 

fee assessments; establish a structure for 

the payment of fees and assessments; 

authorizing expenditures from the fund; 

notifying the permittees of suspension/ 

reinstatement of fees, annually report 

the status of the KRGF, and take action 

against permittees to recover funds if 

necessary. 

• HB 66 Section 5—KRS 350.512. 

Office of the Reclamation Guaranty 

Fund—Duties of executive director: This 

is a new section and establishes an 

Office of the Reclamation Guaranty 

Fund (ORGF) and appoints an executive 

director to manage its affairs and 

provides for the responsibilities of the 

executive director. 

• HB 66 Section 6—KRS 350.515. 

Mandatory participation in fund— 

Initial capitalization—One-time 

assessments—Full-cost bond in lieu of 

participation: This is a new section and 

mandates that all surface coal mining 

permittees be participants in the fund, 

unless the permittee elects to provide 

full-cost bond. Member entities are 

given the option to either provide fullcost bond based on a reclamation cost 

estimate that reflects potential 

reclamation costs to the cabinet or 

participate in the fund, which includes 

assessment of fees noted in 350.518 

below. 

In addition, this section also provides 

for the initial capitalization of the KRGF 

fund that consists of: (1) Transfer of the 

assets and liabilities of the voluntary 

bond pool fund; (2) a one-time start-up 

assessment for all current permittees as 

of July 1, 2013 in the amount of $1,500; 

and (3) a one-time $10 per active 

permitted acre assessment. Entities 

entering the fund after July 1, 2013 shall 

pay a one-time assessment of $10,000 to 

the fund. No individual permit shall be 

issued until the one-time assessments 

are paid. Members of the former 

voluntary bond pool are exempt from 

the one-time start-up assessment and 

active permitted acre assessment. If an 

applicant opts out and elects to provide 

a full-cost bond, the applicant shall not 

be subject to these assessments. 

• HB 66 Section 7—KRS 350.518. 

Permittee to submit permit-specific 

bond under KRS 350.060(11)—Tonnage 

fees—Assignment of mine type 

classification—Inclusion of future 

permits of existing classification— 

Inclusion of future permits of existing 

voluntary bond pool fund members— 

Permit-specific penal bond— 

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Administrative regulations—Suspension 

of permit for arrearage in fees— 

Distribution of penalties collected under 

KRS 350.990(1)—Rights and remedies: 

This is a new section that provides that: 

—Permit-specific bond: Each member 

permittee (those that did not elect to 

opt-out of the fund) shall also submit 

a permit-specific bond. 

—Tonnage fees: In addition to the bond, 

each permittee shall pay a fee for each 

ton of coal mined and sold by surface 

and underground coal mining 

operations from each permit area. In 

addition, the RFGC may request and 

review documents and reports 

provided by the Kentucky Department 

of Natural Resources (DNR) and 

OSMRE to verify production records. 

—Assignment of mine type 

classification: The fee assessment is 

based on the type of permit 

classification. 

—Inclusion of existing VBP members: 

This section also provides that 

permits that were subject to the 

voluntary bond pool: (1) Are excluded 

from the one-time start-up 

assessment/fee; (2) are subject to the 

new tonnage fees, instead of the 

tonnage fees which had been 

previously established (prior to July 1, 

2013); and (3) will continue to receive 

subsidization of the reclamation 

bonding authorized under these new 

statutes and new permanent 

regulations. 

The KRGF will continue to provide 

coverage for the existing bonds 

previously issued for them by the 

voluntary bond pool. It also provides 

the criteria that members of the 

voluntary bond pool as of July 1, 2013 

must meet in order to be included in the 

Fund. This section also specifies a 

maximum increase for which the total 

amount of bonds issued to any one 

member of the voluntary bond pool will 

apply. 

—Permanent Regulations: 

Administrative regulations will be 

promulgated by the RGFC to address 

the reporting and payment of fees (see 

administrative regulations 

promulgated). 

—Suspension of permit for arrearage in 

fees: This section also provides that 

the cabinet shall suspend a permit if 

the permittee is in arrearage in the 

payment of any fees assessed to the 

permit. Once the arrearage has been 

paid in full, the permit suspension 

may be lifted. The suspension may be 

appealed pursuant to the hearing 

provisions of KRS 350.0301, Petition 

challenging determination of cabinet, 

Conduct of hearings, etc. 

—Distribution of Penalties: This section 

also provides the manner in which 

penalties collected shall be deposited 

and applied. 

—Rights and Remedies: Any person 

who considers him or herself to be 

aggrieved by any determination made 

by the commission shall have all of 

the rights and remedies provided in 

section 350.0301 pertaining to 

petitions challenging determinations 

of the cabinet. 

—Other Provisions and Responsibilities: 

This section also provides the terms 

and conditions for which an annual 

fee based on acreage shall apply for 

non-production permits (i.e., coal 

preparation and processing 

operations, loading activities, coal 

haulage and access roads). It also 

provides the terms and conditions for 

which a fee may apply for any expired 

permits or other permits not subject to 

the fees mentioned above. 

In addition, if an entity was not a 

participant in the Fund as of March 22, 

2013, a permit may be considered for 

inclusion in the fund if the entity and 

entity’s owners can meet eligibility 

standards established in permanent 

regulations promulgated by the RGFC. 

Any permits accepted into the fund 

shall require payment of a permitspecific performance bond based on 

acreage and shall pay the actuarially 

determined tonnage rates prescribed. 

The RGFC shall make changes to the 

rates in an amount sufficient to 

maintain actuarial soundness of the 

fund in accordance with the annual 

actuarial study. 

• HB 66 Section 8—KRS 350.521. 

Forfeiture of bonds for permits covered 

by fund—Use of additional moneys 

when bond insufficient to cover 

estimated reclamation cost: This is a 

new section that provides that bond for 

permits covered by the fund forfeited 

after January 1, 2014 shall be placed in 

the fund. It also provides that in the 

event that a forfeited bond is 

insufficient to reclaim the permit to the 

requirements, any outstanding permitspecific performance bond for 

reclamation on the forfeited permit shall 

be used first before any additional 

monies necessary to reclaim the permit 

area are withdrawn from the KRGF. It 

also provides the manner in which the 

request from the cabinet and transfer 

shall occur. The commission, its 

members, and employees shall not be 

named a party to any forfeiture action. 

• HB 66 Section 9—KRS 12:020, 

Enumeration of departments, program 

cabinets, and administrative bodies: 

This section is amended to add the 

ORGF, DNR to the list of departments, 

program cabinets and their departments, 

and the respective major bodies. 

• HB 66 Section 10—KRS 350.595. 

Application for inclusion under 

Abandoned Mine Land Enhancement 

Program—Coverage under Kentucky 

reclamation guaranty fund: This section 

is amended to provide that an applicant 

who desires to remine property shall 

send the application for the use of bond 

pool funds (for qualified AML 

enhancement projects) to the RGFC 

instead of the Bond Pool Commission. It 

also adds appropriate references or 

deletes references related to the Bond 

Pool. 

• HB 66 Section 11—KRS 350.990. 

Penalties: This section is amended to 

reflect that all sums recovered, except 

those moneys collected in excess of 

$800,000 in any fiscal year be deposited 

50% in the reclamation guaranty fund 

(rather than the bond pool fund). It 

removes the $16 million base amount 

below which the former bond pool fund 

could not be allowed to sink. 

• HB 66 Section 12—KRS 350.700 to 

350.755: The following sections are 

repealed due to the abolishment of the 

voluntary bond pool: 

—350.700. Bond pool fund established; 

—350.705. Bond Pool Commission; 

—350.710. Powers of the Commission; 

—350.720. Bond Pool (Criteria 

compliance records); 

—350.725. Membership fee—tonnage 

fee; 

—350.730. Tonnage fee suspension or 

reinstatement; 

—350.735. Permit-specific penal bond; 

—350.740. Permit issuance; 

—350.745. Payments from fund for 

reclamation; 

—350.750. Revocation of membership in 

bond pool; and 

—350.755. Grounds for refusal of 

permit. 

We note that it is our understanding 

that HB 66 was intended to also repeal 

350.715, Pool administrator, and is 

consistent with the removal of all other 

sections involving the voluntary bond 

pool references. However, this section 

remains in effect and cannot be removed 

until the repeal is submitted for 

approval. 

• HB 66 Section 13—(no 

corresponding KRS section since a 

revised statute is not necessary): This 

section provides that the assets and 

liabilities of the voluntary bond pool be 

immediately transferred to the KRGF. 

Any records, files and documents 

associated with the activities of the 

voluntary bond pool shall also be 

transferred. The affairs of the voluntary 

bond pool shall be wound up, and the 

cabinet shall have disposition over 

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placement or transfer of any personnel 

of the voluntary bond pool. No existing 

contract shall be impaired. 

• HB 66 Section 14—(no 

corresponding KRS section since a 

revised statute is not necessary): This 

section provides for the immediate 

implementation of the provisions of the 

bill. 

2. Kentucky Administrative Regulations 

• Emergency Kentucky 

Administrative Regulations (Second 

Submission): Following passage of HB 

66, Kentucky developed emergency and 

permanent administrative regulations to 

remove requirements that were no 

longer applicable as part of Kentucky’s 

bonding program and to prevent 

overlapping requirements for the former 

members of the voluntary bond pool. 

Both the emergency and permanent 

regulations were submitted to the 

Legislative Research Commission on 

July 3, 2013. These permanent 

regulations were approved by the 

Secretary, Energy and Environment 

Cabinet, on November 7, 2013. On that 

same date, the emergency regulations 

expired. Therefore, we will not be 

rendering a decision on the emergency 

regulation in this, or any future, 

rulemaking. Instead, we will issue a 

decision only on the permanent 

regulations. 

—405 KAR 10:001E, Definitions: This is 

an emergency regulation that is 

necessary to immediately implement 

amendments to match other 

emergency regulations filed 

simultaneously. This section is 

identical to the permanent regulation 

(405 KAR 10:001), which is described 

below. 

—405 KAR 10.070E, Kentucky 

Reclamation Guaranty Fund: This is 

an emergency regulation that is 

necessary to immediately implement 

the provisions of HB 66 related to the 

establishment of the KRGF and the 

RGFC. The emergency regulation will 

be replaced by a permanent regulation 

at 10:070, which is not identical to 

this emergency regulation. The 

difference is that the emergency 

regulation includes provisions for the 

initial capitalization of the KRGF (one 

time assessments) and the terms and 

conditions in which these 

assessments are paid. It also provides 

the terms in which former voluntary 

bond pool members report coal mined 

and sold until and after January 1, 

2014. These two provisions are not 

included in the permanent regulation 

(405 KAR 10:070) described below. 

—405 KAR 10:080E: Full-cost bonding: 

This is an emergency regulation that 

is necessary to immediately 

implement the provisions of HB 66 

allowing permittees to not participate 

in the KRGF and provide full-cost 

reclamation bonds for coal mine 

surface disturbances. This emergency 

regulation will be replaced by a 

permanent regulation at 10:080, 

which is not identical to this 

emergency regulation. The difference 

is that this emergency regulation 

includes provisions pertaining to 

members with permits issued prior to 

July 1, 2013. It provides the terms and 

conditions in which the permittee 

shall make such election. This 

provision is not included in the 

permanent regulation (405 KAR 

10:080) described below. 

—405 KAR 10:090E, Production Fees: 

This is an emergency regulation that 

is necessary to immediately set the 

amount of the tonnage fees required 

by section 7(2)(a) and (b) of HB 66. 

The emergency regulation will be 

replaced by a permanent regulation, 

which is identical to this emergency 

regulation. 

—405 KAR 10:201E, Repeal of 405 KAR 

10:200: This is an emergency 

regulation that repeals Chapter 405 

KAR 10:200, Kentucky Bond Pool, 

from Kentucky’s administrative 

regulations: This emergency 

administrative regulation is necessary 

to remove requirements that are no 

longer applicable as part of 

Kentucky’s bonding program and 

prevent overlapping requirements for 

those former members. The 

emergency administrative regulation 

will not be replaced by a permanent 

regulation. 

3. Permanent (Ordinary) Kentucky 

Administrative Regulations (Second and 

Third Submissions): In addition to the 

emergency regulations, Kentucky also 

submitted proposed corresponding 

administrative regulations that revise its 

bonding administrative regulations in 

its approved permanent regulatory 

program. Except as mentioned above, 

these permanent regulations are, for the 

most part, identical to the emergency 

regulations submitted. These permanent 

regulations were signed by the 

Secretary, Energy and Environment 

Cabinet on July 7, 2013 and were 

submitted as final to OSMRE in the 

second submission, with the exception 

of 405 KAR 8:010, which was submitted 

with the third submission. 

• 405 KAR 10:001. Definitions for 405 

KAR Chapter 10: This regulation is 

amended to add the definition of the 

following terms: Acquisition; active 

acre; actuarial soundness; dormancy fee; 

coal mined and sold; final disposition; 

full-cost bonding; Kentucky 

Reclamation Guaranty Fund; Office of 

the Reclamation Guaranty Fund; optout; member, non-production fee; and 

acquisition as it relates to criteria for 

identifying land historically used for 

cropland. The definitions of bond pool, 

bond pool administrator, and bond pool 

commission have been deleted. Bond 

pool and bond pool administrator have 

been replaced with and definitions of 

KRGF and the ORGF. 

• 405 KAR 10:015. General bonding 

provisions: This regulation is amended 

to add bonds from the KRGF to the list 

of types of performance bonds approved 

by the cabinet and also details how 

bonds on future permits subsidized by 

the KRGF for former VBP members will 

be released. It also includes the option 

of providing full-cost bonds to the 

section on determination of bond 

amount. The amendment is necessary to 

clarify that the regulated entity should 

provide the calculation for the cabinet’s 

cost of reclamation in the event a fullcost option is chosen. 

• 405 KAR 10:070. Kentucky 

reclamation guaranty fund: This is a 

new regulation and provides 

information related to the operation and 

sources of revenue for the KRGF, 

classification of permits, reporting and 

payment of fees, and penalties. 

Permittees will be mandatory 

participants in the KRGF unless they 

chose to opt-out. These regulations 

require that permittees comply with 

reporting requirements, maintain 

production records, provide initial 

assessments, pay fees, comply with 

penalty provisions, and complete and 

submit required forms. 

• 405 KAR 10:080. Full-cost bonding: 

This is a new regulation and provides 

that members have the option to provide 

full-cost bonds in lieu of maintaining 

membership in the KRGF (opt out) and 

the manner in which a permittee shall 

make such declaration. For full-cost 

bond elections it also provides for the 

calculation of bonding estimates and 

forms required to submit such estimates, 

the requirement for a registered 

professional engineer to certify 

estimates, and the requirement to 

submit a bond once the Department has 

accepted the reclamation estimate. A 

member with permits issued prior to 

July 1, 2013 that has made the decision 

to opt-out is required to post full-cost 

reclamation bonds with the Department 

before April 30, 2014 on all permits 

held by the member. 

• 405 KAR 10:090. Production Fees: 

This is a new regulation and provides 

information on production fees, the 

amount of the fees, and the schedule 

that payments are to be remitted. 

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15958 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

• 405 KAR 8:010. General provisions 

for permits: This regulation has been 

amended to provide that permittees 

shall submit a minor revision 

application for the purpose of providing 

a full-cost reclamation bonding estimate 

to the cabinet. This was done to provide 

the Division of Mine Permits 30 working 

days after the notice of administrative 

completeness to review full-cost 

bonding revisions. The original 

provisions allowed for 15 working days. 

The full text of the program 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES or at www.regulations.gov. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. As mentioned 

earlier, if you submitted comments on 

the first submission during the public 

comment period (79 FR 11796) you do 

not need to resubmit them, we will be 

considering these comments in our 

analysis of the total submission. 

Electric or Written Comments 

If you submit written or electronic 

comments on the proposed rule during 

the 30-day comment period, they should 

be specific, confined to issues pertinent 

to the proposed regulations, and explain 

the reason for any recommended 

change(s). We appreciate any and all 

comments, but those most useful and 

likely to influence decisions on the final 

regulations will be those that either 

involve personal experience or include 

citations to and analyses of SMCRA, its 

legislative history, its implementing 

regulations, case law, other pertinent 

State or Federal laws or regulations, 

technical literature, or other relevant 

publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed (see ADDRESSES) 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4:00 p.m., EST), on April 10, 2015. If 

you are disabled and need reasonable 

accommodation to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If there is only limited interest in 

having an opportunity to speak, we may 

hold a public meeting rather than a 

public hearing. If you wish to meet with 

us to discuss the amendment, please 

request a meeting by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings 

are open to the public and, if possible, 

we will post notices of meetings at the 

locations listed under ADDRESSES. We 

will make a written summary of each 

meeting a part of the administrative 

record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempt from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSMRE for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: December 29, 2014. 

David G. Hartos, 

Deputy Regional Director, Appalachian 

Region. 

[FR Doc. 2015–06962 Filed 3–25–15; 8:45 am] 

BILLING CODE 4310–05–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 2014–CRB–0001–WR (2016– 

2020) (Web IV)] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

regulations governing the rates and 

terms for the digital performances of 

sound recordings by certain public radio 

stations and for the making of 

ephemeral recordings necessary to 

facilitate those transmissions for the 

period commencing January 1, 2016, 

and ending on December 31, 2020. 

DATES: Comments and objections, if any, 

are due no later than April 16, 2015. 

ADDRESSES: The proposed rule is posted 

on the agency’s Web site (www.loc.gov/ 

crb). Submit electronic comments 

online at http://www.regulations.gov or 

via email to crb@loc.gov. Those who 

choose not to submit comments 

electronically should see How to Submit 

Comments in the SUPPLEMENTARY

INFORMATION section below for physical 

addresses and further instructions. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Whittle, Attorney Advisor, by 

telephone at (202) 707–7658, or by 

email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 24, 2015, the Copyright 

Royalty Judges (Judges) received a joint 

mstockstill on DSK4VPTVN1PROD with PROPOSALS