[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Proposed Rules]
[Pages 20561-20562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11072]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-217-FOR]


Kentucky Regulatory Program; Reopening of Public Comment Period

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: OSM is reopening the public comment period on a proposed 
amendment to the Kentucky regulatory program (hereinafter the 
``Kentucky program'') under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). Kentucky submitted a letter requesting the removal 
of an amendment at 30 CFR 917.17(a) which required that it maintain a 
staffing level of 156 field inspectors and, in the same letter, 
provided justification for its request. The amendment is intended to 
revise the Kentucky program to be consistent with the corresponding 
Federal regulations.

DATES: Written comments must be received by 4:00 p.m., [E.D.T.], May 
12, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to William J. Kovacic, Director, at the 
address listed below.
    Copies of the Kentucky program, the proposed amendment, a listing 
of any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Lexington Field Office.

William J. Kovacic, Director, Lexington Field Office, Office of Surface 
Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, 
Kentucky 40503, Telephone: (606) 233-2494
Department of Surface Mining Reclamation and Enforcement, 2 Hudson 
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

FOR FURTHER INFORMATION CONTACT:
William J. Kovacic, Director, Lexington Field Office, Telephone: (606) 
233-2494.

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program

    On May 18, 1982, the Secretary of the Interior conditionally 
approved the Kentucky program. Background information on the Kentucky 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the May 18, 
1982, Federal Register (47 FR 21404). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
917.11, 917.13, 917.15, 917.16, and 917.17.

II. Description of the Proposed Amendment

    By letter dated November 3, 1997 (Administrative Record No. KY-
1418), Kentucky submitted a proposed amendment to its program 
requesting the removal of an amendment at 30 CFR 917.17(a) requiring 
that Kentucky maintain a staffing level of 156 field inspectors. In the 
same letter, Kentucky provided the following justification for its 
request:
    1. Field inspector staffing levels are no longer based on 1984 
inspection numbers and budgetary needs.
    2. A study performed during the National Wildlife Federation 
Settlement Agreement determined that a cap of 24 inspectable units per 
field inspector should be established.
    3. OSM has accepted the limits set by the study in determining 
inspection staff levels as indicated by the approval of Title V 
administrative and enforcement grants.
    4. OSM's annual reports indicate that Kentucky's Title V regulatory 
program consistently meets high inspection frequency levels.
    Kentucky also maintains that using a fixed number of field 
inspectors fails to provide the latitude necessary to adapt its 
inspection force to changing conditions in the coal industry. Further, 
the number of inspectors Kentucky maintains is based on the current and 
ever-changing number of inspectable units.
    The proposed amendment was announced in the December 10, 1997, 
Federal Register (62 FR 65044). The notice did not clarify that 
Kentucky submitted documents that provide evidence that it has 
sufficient inspection and enforcement staffing levels to regulate 
mining in accordance with SMCRA. Those documents are: ``Historical 
Information on Kentucky's Surface Mining Primacy Program,'' complied by 
Kentucky, July 1997 (Administrative Record No. KY-1418); ``Review of 
Current Staffing and Funding Levels,'' prepared by the OSM Lexington 
Field Office, December 1997 (Administrative Record No. KY-1420); and 
``Inspection Resources Study,'' prepared by OSM and Kentucky, August 
1989 (Administrative Record No. KY-1418).

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Kentucky program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Lexington Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

[[Page 20562]]

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that, to the extent allowed by law, this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards are not applicable to the actual language of 
State regulatory programs and program amendments since each such 
program is drafted and promulgated by a specific State, not by OSM. 
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State 
regulatory programs and program amendments submitted by the States must 
be based solely on a determination of whether the submittal is 
consistent with SMCRA and its implementing Federal regulations and 
whether the other requirements of 30 CFR Parts 730, 731, and 732 have 
been met.

National Environmental Policy Act

    No Environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.).

Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
counterpart Federal Regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 917

    Intergovernmenal relations, Surface mining, Underground mining.

    Dated: April 16, 1998.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 98-11072 Filed 4-24-98; 8:45 am]
BILLING CODE 4310-05-M