This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

1370 

Vol. 87, No. 7 

Tuesday, January 11, 2022 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 917 

[SATS No. KY–255–FOR; Docket ID: OSM– 

2012–0004; S1D1S SS08011000 SX064A000 

222S180110; S2D2S SS08011000 

SX064A000 22XS501520] 

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 on the proposed 

amendment. 

SUMMARY: We are reopening the 

comment period and providing an 

opportunity for a public hearing 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). The comment 

period is being reopened to incorporate 

additional statutory and regulatory 

provisions that were not included in the 

original Kentucky submittal. The 

revised amendment includes legislative 

and regulatory actions regarding 

electronic service of enforcement 

documents, clarification of Kentucky’s 

administrative hearings regulations, and 

miscellaneous minor, non-substantive 

changes. The amendment also includes 

reorganization and renumbering of the 

Kentucky Administrative Regulations. 

This document gives the times and 

locations that the Kentucky submittal is 

available for your inspection, the 

comment period during which you may 

submit written comments, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4:00 

p.m., Eastern Standard Time (e.s.t.), 

February 10, 2022. If requested, we may 

hold a public hearing or meeting on the 

amendment on February 7, 2022. We 

will accept requests to speak at a 

hearing until 4:00 p.m., e.s.t. on January 

26, 2022. 

ADDRESSES: You may submit comments, 

identified by SATS No. KY–255–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: Mr. Michael 

Castle, Field Office Director, Lexington 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 2675 

Regency Road, Lexington, KY 40503. 

• Fax: (859) 260–8410. 

• Federal eRulemaking Portal: The 

amendment has been assigned Docket 

ID: OSM–2012–0004. If you would like 

to submit comments, go to https://

www.regulations.gov. Follow the 

instructions for submitting 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 or meetings, 

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 OSMRE’s Lexington Field 

Office or the full text of the program 

amendment is available for you to read 

at https://www.regulations.gov. 

Mr. Michael Castle, Field Office 

Director, Lexington Field Office, Office 

of Surface Mining Reclamation and 

Enforcement, 2675 Regency Road, 

Lexington, KY 40503, Telephone: (859) 

260–3900, Email: mcastle@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: Mr. 

Michael Mullins, Regulation 

Coordinator, Department for Natural 

Resources, Kentucky Energy and 

Environment Cabinet, 3000 Sower 

Boulevard, Frankfort, KY 40601, 

Telephone: (502) 782–6720, Email: 

michael.mullins@ky.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Castle, Field Office Director, 

Lexington Field Office, Office of Surface 

Mining Reclamation and Enforcement, 

2675 Regency Road, Lexington, KY 

40503, Telephone: (859) 260–3900, 

Email: mcastle@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. 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). On the basis of 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. 

II. Description of the Proposed 

Amendment 

Initial Submission 

On January 30, 2012, Kentucky 

submitted a proposed program 

amendment (Administrative Record No. 

KY–1900–01) containing administrative 

regulations regarding electronic 

notification of enforcement documents 

and other miscellaneous changes. We 

published a Proposed Rule Notice in the 

June 12, 2012 Federal Register (77 FR 

34888). 

On October 23, 2012, we sent 

Kentucky an issue letter seeking 

clarification on language from 405 KAR 

7:091. Kentucky sent us a response on 

November 15, 2012, informing us that it 

would make changes to its regulations 

in response to our issue letter and 

subsequent discussions, and then 

submit a revised amendment. 

After determining that there were 

regulatory changes that Kentucky did 


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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 1371 

not include in the original Kentucky 

submittal, we determined that we 

needed to reopen the public comment 

period so that the public could view and 

have the opportunity to comment on the 

full amendment. 

We sent Kentucky a second issue 

letter on August 11, 2020, asking 

Kentucky to describe the complete 

legislative and regulatory changes in the 

amendment and to describe the 

recodification of many of the provisions 

that occurred since the original 

Kentucky submittal. On October 30, 

2020, Kentucky sent us a response that 

provided the requested information. 

Below is a summary of Kentucky’s 

proposed changes. We have listed the 

changes according to their final 

regulatory section numbering. If the 

original regulatory section numbering 

differs we have listed it in parenthesis. 

The full text of the amendment is 

available for you to read at the locations 

listed above under ADDRESSES or at 

www.regulations.gov. 

A. Reorganization of Administrative 

Hearing Regulations 

Kentucky proposes to merge its 

regulations on administrative hearings 

for surface mining with its general 

administrative hearing regulations. 

Kentucky would merge the regulations 

by removing the regulations at 405 KAR 

7:091 and recodifying them at 400 KAR 

1:090 and 110. Kentucky would also 

remove the regulations at 405 KAR 

7:092 and recodify them at 400 KAR 

1:110. 

The merger would include many nonsubstantive changes to the numbering, 

format, and language of the regulations. 

We will not describe the nonsubstantive changes in this notice. The 

full text of the proposed amendment is 

available at the locations listed above 

under ADDRESSES or at 

www.regulations.gov. 

B. Electronic Service of Notice of 

Noncompliance 

1. KRS 350.130 

Kentucky proposes to revise this 

subchapter to provide for electronic 

delivery of notice of noncompliance and 

to require an electronic registered 

receipt for Kentucky to consider the 

delivery effective. 

2. 405 KAR 12:020 

Kentucky proposes to revise this 

subchapter to provide for electronic 

delivery of notice of noncompliance, 

order for remedial measures, order for 

cessation and immediate compliance, 

and notice of inspection of 

noncompliance. 

3. 405 KAR 1:090 (originally 405 KAR 

7:091) 

Kentucky proposes to merge 405 KAR 

7:091 Section 7 with 405 KAR 1:110 and 

add provisions to allow the filing of a 

pleading by electronic mail. 

4. 405 KAR 1:110 (originally 405 KAR 

7:091) 

Kentucky proposes to merge 405 KAR 

7:091 Section 5 with 405 KAR 1:110 

Section 3, and add provisions that 

would allow the electronic service of 

proposed penalty assessments, notices 

of assessment conference, notices of 

administrative hearings, administrative 

summonses, and other documents. 

C. Miscellaneous Changes 

1. 400 KAR 1:090 (originally 405 KAR 

7:091) 

In merging 405 KAR 7:091 Section 1 

to 400 KAR 1:090 Section 1, Kentucky 

proposes to remove provisions on 

public participation during the review 

of determinations concerning surface 

mining permits, notices of 

noncompliance, orders for cessation, 

performance bond amount, orders to 

abate, and other matters appropriate for 

adjudication by the Kentucky Energy 

and Environment Cabinet (the Cabinet). 

Kentucky proposes to rescind a 

proposed change from its original 

amendment submission. In our 

proposed rule notice published on June 

12, 2012 (Admin. Record No. KY–1900– 

3), we wrote that Kentucky proposed to 

add the phrase ‘‘that is not the result of 

a lack of diligence on the part of the 

corporate party or its counsel’’ at 405 

KAR 7:091 Section 2(1)(a). Kentucky has 

withdrawn that change, and the original 

language will carry over to the subparagraph’s new location at 400 KAR 

1:090 Section 10. Kentucky also 

proposes non-substantive changes for 

clarity. The new sub-paragraph will 

read ‘‘The failure of the corporation or 

limited liability company to appear by 

counsel, without good cause, shall be 

grounds for default.’’ 

Kentucky proposes to merge 405 KAR 

7:091 Section 6 to 400 KAR 1:090 

Section 5 and to remove the 

requirement for notices of 

administrative hearings to be mailed to 

intervenors, posted at a regional office, 

and published in a local newspaper. 

2. 400 KAR 1:110 (originally 405 KAR 

7:092) 

Kentucky proposes to move 405 KAR 

7:092 Section 4 to 400 KAR 1:110 

Section 4 and to remove the 30-day time 

limit for a recipient of a notice of 

penalty assessment to request an 

assessment conference. 

Kentucky proposes to move 405 KAR 

7:092 Section 6 to 400 KAR 1:110 

Section 6 and to remove the 

requirement for petitions of penalty 

assessments to include full payment of 

the proposed penalty assessment. 

3. 400 KAR 1:110 

Kentucky proposes to add two new 

sections to 400 KAR 1:110. Section 13 

would govern the location of 

administrative hearings and Section 14 

would govern judicial review and 

remand of final orders from the 

Secretary of the Cabinet. 

4. 405 KAR 12:020 

Kentucky proposes to change 405 

KAR 12:020 Section 2(5) by adding 

language to specify examples of good 

cause for modifying remedial measures, 

including correction of errors, changes 

in responsible parties, changes to 

remedial measures, and changes in 

abatement dates. 

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. 

Electronic 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
1372 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 

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 the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4:00 p.m., e.s.t. on January 26, 2022. If 

you are disabled and need reasonable 

accommodations 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 only one person requests 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. Statutory Orders and Executive 

Reviews 

Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation 

and Regulatory Review 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in 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 amendments is exempted from 

OMB review under Executive Order 

12866. Executive Order 13563, which 

reaffirms and supplements Executive 

Order 12866, retains this exemption. 

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. 

Thomas D. Shope, 

Regional Director, North Atlantic— 

Appalachian Region. 

[FR Doc. 2022–00323 Filed 1–10–22; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–037–FOR; Docket ID: OSM– 

2021–0006; S1D1S SS08011000 SX064A000 

222S180110; S2D2S SS08011000 

SX064A000 22XS501520] 

Montana Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are announcing receipt of a 

proposed amendment to the Montana 

regulatory program (hereinafter, the 

Montana program) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). Montana 

proposes an addition to the Montana 

Code Annotated which requires changes 

and the addition of regulations in the 

Administrative Rules of Montana 

pertaining to ownership and control. 

These changes were required by an 

October 2, 2009, letter from OSMRE to 

Montana (hereinafter, 732 letter), and 

were necessitated by a Senate bill 

approved by the 2013 Montana 

Legislature. Montana also proposes 

other revisions to the Administrative 

Rules of Montana unrelated to 

ownership and control. This document 

gives the times and locations that the 

Montana program and this proposed 

amendment to that program are 

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 this amendment until 4:00 

p.m., Mountain Standard Time (MST), 

February 10, 2022. If requested, we may 

hold a public hearing or meeting on the 

amendment on February 7, 2022. We 

will accept requests to speak at a 

hearing until 4:00 p.m., MST on January 

26, 2022. 

ADDRESSES: You may submit comments, 

identified by SATS No. MT–037–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: 100 East B 

Street, Room 4100, Casper, WY 82601. 

• Fax: (307) 421–6552. 

• Federal eRulemaking Portal: The 

amendment has been assigned Docket 

ID: OSM–2021–0006. If you would like 

to submit comments go to https://

www.regulations.gov. Follow the 

instructions for submitting 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 Montana program, 

this amendment, a listing of any 

scheduled public hearings or meetings, 

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 OSMRE’s Denver Field 

Division or the full text of the program 

amendment is available for you to read 

at www.regulations.gov. 

Jeffrey Fleischman, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, Dick 

Cheney Federal Building, POB 11018, 

100 East B Street, Casper, Wyoming 

82601, Telephone: (307) 261–6550, 

Email: jfleischman@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 


khammond on DSKJM1Z7X2PROD with PROPOSALS