8558 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

TABLE II.—ANNUITY VALUATIONS

For valuation dates occurring in the month—

The values of it are:

it for t= it for t= it for t=

* * * * * * *

March 1995 ........................................................................ .0730 1–20 .0575 >20 N/A N/A

Issued in Washington, DC, on this 10th day

of February 1995.

Martin Slate,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 95–3775 Filed 2–14–95; 8:45 am]

BILLING CODE 7708–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

Kentucky Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Kentucky regulatory

program (hereinafter referred to as the

Kentucky program) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Kentucky has proposed

revisions to the Kentucky

Administrative Rules (KAR) at 405 KAR

7:080 concerning the types of assistance

provided by Kentucky’s Small Operator

Assistance Program (SOAP) and the

eligibility criteria for that assistance.

The amendment is intended to revise

the Kentucky program to be consistent

with changes in section 507 of SMCRA

enacted by Congrss as part of the Energy

Policy Act of 1992, Public Law 102–486.

EFFECTIVE DATE: February 15, 1995.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office, Office of Surface Mining

Reclamation and Enforcement, 2675

Regency Rd, Lexington, Kentucky

40503. Telephone: (606) 233–2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

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 conditions of approval and

program amendments can be found at

30 CFR 917.11, 917.13, 917.15, 917.16,

and 917.17.

II. Submission of the Proposed

Amendment

By letter dated April 26, 1994

(Administrative Record No. KY–1278),

Kentucky submitted a proposed

amendment to its program on its own

initiative. This amendment proposed to

revise ten sections of Kentucky’s

regulations at 405 KAR 7:080

concerning Kentucky’s Small Operator

Assistance Program (SOAP). The

proposed amendment included

revisions to the sections pertaining to

program services, eligibility for services,

information requirements, and applicant

liability. It also contained editorial

revisions and clarifications of other

sections.

OSM announced receipt of the

proposed amendment in the May 20,

1994, Federal Register (59 FR 26471),

and in the same document opened the

public comment period and provided an

opportunity for a public hearing on the

adequacy of the proposed amendment.

The public comment period closed on

June 20, 1994.

In the September 1, 1994, Federal

Register (59 FR 45201), the Director of

OSM announced his decision to

approve the amendment, with certain

exceptions. As part of his decision, the

Director required Kentucky to submit a

second proposed amendment to further

revise 405 KAR 7:080 sections 5(2) and

11(1) to:

(1) Delete the phrase ‘‘the twelve (12)

months immediately following the date

the permit is issued’’;

(2) Provide that an applicant establish

that his or her probable total attributed

annual production from all locations on

which the operator is issued the surface

coal mining and reclamation permit will

not exceed 300,000 tons; and

(3) Either delete the word

‘‘laboratory’’ in the phrase ‘‘The

applicant shall reimburse the cabinet for

the costs of the laboratory services

performed * * *’’ or otherwise specify

that the costs of all services rendered

pursuant to 405 KAR 7:080 shall be

reimbursed by SOAP recipients.

By letter dated October 3, 1994

(Administrative Record No. KY–1320),

Kentucky submitted further rule

revisions in an amendment intended to

address the requirements in the

Director’s September 1, 1994, decision

and to make other editorial corrections

to Kentucky’s regulations. OSM

announced receipt of the proposed

amendment in the November 14, 1994,

Federal Register (59 FR 56449), and in

the same document opened the public

comment period and provided an

opportunity for a public hearing on the

adequacy of the proposed amendment.

The public comment period closed on

December 14, 1994.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment.

Revisions not specifically discussed

below concern nonsubstantive wording

changes, or cross-references and

paragraph notations to reflect

organizational changes resulting from

this amendment.

A. Revisions to Kentucky’s Regulations

That Are Substantively Identical to the

Corresponding Provisions of the Federal

Regulations
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations 8559

State regulations

(405 KAR 7:080) Subject

Federal regulations (30 CFR

part 795)

Section 5(2) ........... Annual Coal Production ............................................................................................................................. 795.6(a)(2).

Section 5(2)(a) ...... Ownership of the Applicant ........................................................................................................................ 795.6(a)(2)(i).

Section 5(2)(b) ...... Ownership of the Applicant ........................................................................................................................ 795.6(a)(2)(ii).

Section 11(1) ......... Services Performed .................................................................................................................................... 795.12(a).

Section 11(1)(e) .... Transfer of Permit ...................................................................................................................................... 795.12(a)(3).

Because the above, proposed revisions

are identical in meaning to the

corresponding Federal regulations, the

Director finds that these proposed rules

are no less effective than the Federal

rules.

B. Revisions to Kentucky’s Regulations

That Are Not Substantively Identical to

the Corresponding Provisions of the

Federal Regulations

1. 405 KAR 7:080 Section 8. Information

requirements

Kentucky proposes to revise 405 KAR

7:080 sections 8(2)(a)(11) and (b)(11) to

authorize the use of SOAP assistance to

collect and analyze information

required by the Kentucky regulations at

405 KAR 8:030 and 040, Section 30;

MRP. These regulations concern

information necessary for the protection

of historically or archaeologically

significant sites of public parks and

historic places.

The Federal regulations at 30 CFR

part 795.9(b)(4) authorize use of SOAP

funding to collect historic or

archaeological information but do not

mention the protection of public parks.

The Director finds that 405 KAR 7:080

sections 8(2)(a)(11) and (b)(11), as

revised, are no less effective than the

corresponding Federal regulations at 30

CFR 795.9(b)(4) with the understanding

that Kentucky may authorize the use of

SOAP funds to collect and analyze

historical or archaeological information

required by Kentucky for historic sites

but not to collect and analyze any

additional information required by

Kentucky for public parks.

2. 405 KAR 7:080 Section 11. Applicant

liability

Kentucky proposes to revise 405 KAR

7:080 section 11(1)(e) to require that the

SOAP applicant reimburse Kentucky for

the costs of SOAP-funded services if the

permit rights are sold, transferred, or

assigned to another person and if that

person’s coal production exceeds the

300,000 ton annual limit during the

twelve months immediately following

the date the original permit is reissued

in the name of the successor.

The revised Kentucky rules differ

slightly from the corresponding Federal

regulations at 30 CFR 795.12(a)(3)

which refer to the twelve-month period

after the date the permit was originally

issued. The Director finds that 405 KAR

7;080 section 11(1)(e), as revised, is no

less effective than the corresponding

Federal regulations at 30 CFR

795.12(a)(3) for two reasons:

(1) The Kentucky regulations require

reimbursement in every instance in

which the Federal regulations require

reimbursement; and

(2) The additional reimbursement

requirements imposed by Kentucky in

the event of permit sale, transfer, or

assignment would not adversely impact

the availability of SOAP assistance to

eligible small operators.

C. Revisions to Kentucky’s Regulations

With no Corresponding Federal

Provisions

1. 405 KAR 7:080 Section 6. Filing for

assistance

Kentucky proposes to revise 405 KAR

7:080 section 6 by changing the

reference date of Kentucky’s SOAP

application form in the rule from

October 1991 to September 1994, with

the latter date reflecting Kentucky’s

most recent revision to that form.

Kentucky’s SOAP application form date

has no equivalent in the corresponding

Federal regulations at 30 CFR part

795.7.

The Director finds that the proposed

revision is necessary for the accuracy of

the Kentucky regulations and is not

inconsistent with any requirement of

SMCRA or the Federal regulations.

IV. Summary and Disposition of

Comments

Public Comments

The Director solicited public

comments and provided an opportunity

for a public hearing on the proposed

amendment. No one requested an

opportunity to speak at a public hearing,

so no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the Kentucky

program. The U.S. Environmental

Protection Agency noted that the

reference in 405 KAR 7:080 section

10(2)(a)(6) to the document ‘‘Standard

Methods for the Examination of Water

and Wastewater,’’ 14th edition, 1975,

should be updated to refer to the 18th

edition, 1992. The Director concurs with

this comment even though the

referenced Kentucky regulations was

not affected by the program amendment

which is the subject of this final rule.

OSM has notified Kentucky of this U.S.

EPA comment and has requested that

the State make this correction in its next

revision of 405 KAR 7:080. The U.S.

Fish and Wildlife Service, the Mine

Safety and Health Administration, the

U.S. Forest Service, and the U.S. Bureau

of Mines responded that they had no

comment on the proposed amendment.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

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

Air Act (42 U.S.C. 7401 et seq.). None

of the revisions that Kentucky proposed

to make in this amendment pertain to

air or water quality standards.

Therefore, OSM did not request EPA’s

concurrence.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Kentucky

on October 3, 1994.

The Federal regulations at 30 CFR

part 917, codifying decisions concerning

the Kentucky program, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

Effect of Director’s Decision

Section 503 of SMCRA provides that

a State may not exercise jurisdiction

under SMCRA unless the State program

is approved by the Secretary. Similarly,
8560 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

30 CFR 732.17(a) requires that any

alteration of an approved State program

be submitted to OSM for review as a

program amendment. Thus, any changes

to the State program are not enforceable

until approved by OSM. The Federal

regulations at 30 CFR 732.17(g) prohibit

any unilateral changes to approved State

programs. In the oversight of the

Kentucky program, the Director will

recognize only the statutes, regulations

and other materials approved by OSM,

together with any consistent

implementing policies, directives and

other materials, and will require the

enforcement by Kentucky of only such

provisions.

VI. 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).

Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(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.

3507 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 corresponding Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

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

corresponding Federal regulations.

List of Subjects in 30 CFR 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 7, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 917—KENTUCKY

1. The authority citation for Part 917

continues to read as follows:

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

2. Section 917.15 is amended by

adding paragraph (xx) read as follows:

§ 917.15 Approval of regulatory program

amendments.

* * * * *

(xx) Revisions to the following rules,

as submitted to OSM on October 3,

1994, are approved effective February

15, 1995.

405 KAR 7:080 Small operator assistance

Section 5(2) .............. Annual Coal Production.

Section 5(2) (a) and

(b).

Ownership of the Applicant.

Section 6 ................... SOAP Application

Form.

Section 8(2)(a)(11) .... Information Requirements.

Section 8(2)(b)(11) .... Information Requirements.

405 KAR 7:080 Small operator assistance

Section 11(1) ............ Services Performed.

Section 11(1)(e) ........ Sale, Transfer, or Assignment of Permit

Rights.

3. Section 917.16 paragraph (1) is

removed.

[FR Doc. 95–3743 Filed 2–14–95; 8:45 am]

BILLING CODE 4310–05–M

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 931

New Mexico Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the New Mexico

regulatory program (hereinafter referred

to as the ‘‘New Mexico program’’) under

the Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1201

et seq.) (SMCRA). New Mexico

proposed the addition of rules

pertaining to the exemption for

extraction of coal incidental to the

extraction of other minerals. The

amendment revises the New Mexico

program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: February 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, Telephone: (505)

766–1486.

SUPPLEMENTARY INFORMATION:

I. Background on the New Mexico

Program

On December 31, 1980, the Secretary

of the Interior conditionally approved

the New Mexico program. General

background information on the New

Mexico program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the New Mexico program

can be found in the December 31, 1980,

Federal Register (45 FR 86459).

Subsequent actions concerning New

Mexico’s program and program

amendments can be found at 30 CFR

931.11, 931.13, 931.15, 931.16, and

931.30.

II. Proposed Amendment

By letter dated October 26, 1994, New

Mexico submitted a proposed

amendment to its program pursuant to

SMCRA (administrative record No. NM–