9314 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules

accomplished within 180 days of

deposition, provided that no more than

four (4) spoil ridges remain at any one

time.

Subsection (a)(4). In the second

sentence, the word ‘‘commission’’ is

deleted and is replaced by the word

‘‘director.’’

Subsection (b). The changes to this

subsection all involve nonsubstantive

wording changes.

Subsection (c). Nonsubstantive

wording changes are being made to the

first sentence. The second sentence

concerning the required commission

approval of variances is being deleted in

its entirety. With these changes, the

revised subsection provides that ‘‘[t]he

director may grant variances to the

limitations of subsection (a) for good

cause.’’

The proposed program amendment

submitted by Indiana is available for

public inspection at the addresses listed

above. The Director now seeks public

comment on whether the proposed

amendment is no less effective than the

Federal regulations. If approved, the

amendment will become part of the

Indiana program.

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

Indiana 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 Indianapolis Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.S.T. on March

6, 1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of 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).

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 Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–4063 Filed 2–16–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 917

Kentucky Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing the

receipt of revisions of two previously
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9315

proposed amendments to the Kentucky

regulatory program (hereinafter referred

to as the ‘‘Kentucky program’’) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). By

letter of January 11, 1995

(Administrative Record No. KY–1332),

Kentucky resubmitted a proposed

program amendment that completed the

Kentucky regulation promulgation

process under Kentucky Revised

Statutes 9KRS) Chapter 13A. The

amendment consists of proposed

modifications to Kentucky

Administrative Regulations (KAR)

10:010, 16:010, 16:020 and 18:010

relating to bonding, outcrop barrier and

contemporaneous reclamation. Also,

included in this reopening is the

Statement of Consideration for these

regulations dated October 14, 1994

(Administrative Record No. KY–1321).

The Statement of Consideration is

Kentucky’s response to comments on its

proposed regulations. This proposed

program amendment replaces an earlier

proposed program amendment

submitted on August 2, 1994

(Administrative Record No. KY–1305),

and portions of Kentucky’s submittal of

July 19, 1994 (Administrative Record

No. KY–1304), containing 405 KAR

10:010 General Requirements for

Performance Bond and Liability

Insurance and 405 KAR 16:020

Contemporaneous Reclamation. The

changes to 405 KAR 7:015, 7:095,

16:200, 18:200, the Penalty Assessment

Manual and Technical Reclamation

Memorandum #21 identified in the

submittal of July 19, 1994

(Administrative Record No. KY–1304),

are not included in this proposed

amendment. These changes have not

completed the Kentucky regulation

promulgation process under KRS

Chapter 13A. They will be resubmitted

to OSM when that process is completed.

DATES: Written comments must be

received by 4:00 p.m., E.S.T., on March

20, 1995. If requested, a public hearing

on the proposed amendment will be

held at 10:00 a.m. on March 14, 1995.

Requests to present oral testimony at the

hearing must be received on or before

4:00 p.m. on March 6, 1995. Any

disabled individual who has need for a

special accommodation to attend a

public hearing should contact the

individual listed under FOR FURTHER

INFORMATION CONTACT.

ADDRESSES: Written comments and

requests to testify at the hearing should

be mailed or hand delivered to: William

J. Kovacic at the address listed below.

Copies of the Kentucky program, the

proposed amendment, and all written

comments received in response to this

document will be available for review at

the addresses listed below, Monday

through Friday, excluding holidays.

Each requestor may receive one free

copy of the proposed amendment by

contacting OSM’s Lexington Field

Office.

William J. Kovacic, Director, Office of

Surface Mining Reclamation and

Enforcement, Lexington Field Office,

2675 Regency Road, Lexington,

Kentucky 40503, Telephone: (606)

233–2894

Department for Surface Mining

Reclamation and Enforcement, #2/

Hudson Hollow Complex, Frankfort,

Kentucky 40601, Telephone: (502)

564–6940.

If a public hearing is held, its location

will be: The Harley Hotel, 2143 North

Broadway, Lexington, Kentucky 40505.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office Telephone (606) 233–2894.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky

Program

On May 18, 1982, the Secretary of the

Interior conditionally approved the

Kentucky program. General background

information on the Kentucky program

including the Secretary’s findings, the

disposition of comments, and

conditions of approval can be found in

the May 18, 1982, Federal Register (47

FR 21404). Subsequent actions

concerning Kentucky’s program can be

found at 30 CFR 917.11, 917.15, 917.16

and 917.17.

II. Proposed Amendment

By letter dated July 19, 1994

(Administrative Record No. KY–1304),

Kentucky submitted a proposed

amendment to its program pursuant to

SMCRA. Kentucky submitted the

proposed amendment at its own

initiative. The provisions of KAR that

Kentucky proposed to amend are 405

KAR 7:015—Documents Incorporated by

Reference, 405 KAR 7:095—Assessment

of Civil Penalties, 405 KAR 10:010—

General Requirements for Performance

Bond and Liability Insurance, 405 KAR

16:020—Contemporaneous Reclamation,

405 KAR 16:200—Revegetation for

Surface Coal Mining, and 405 KAR

18:200 Revegetation for Underground

Mining Operations. OSM announced

receipt of the proposed amendment in

the August 9, 1994, Federal Register (59

FR 40503), provided an opportunity for

a public hearing or meeting on its

substantive adequacy, and invited

public comment on its adequacy.

Because no one requested a public

hearing or meeting, none was held. The

public comment period ended on

September 6, 1994.

By letter dated August 2, 1994

(Administrative Record No. KY–1305),

Kentucky submitted a proposed

amendment to its program pursuant to

SMCRA. Kentucky submitted the

proposed amendment at its own

initiative. The provisions of the

regulations that Kentucky proposed to

amend are 405 KAR 16:010 and 405

KAR 18:010. OSM announced receipt of

the proposed amendment in the

September 6, 1994, Federal Register (59

FR 46013), provided an opportunity for

a public hearing or meeting on its

substantive adequacy, and invited

public comment on its adequacy.

Because no one requested a public

hearing or meeting, none was held. The

public comment period ended on

October 6, 1994.

By letter dated January 11, 1995

(Administrative Record No. KY–1332),

Kentucky resubmitted a proposed

program amendment that completed the

Kentucky regulation promulgation

process under KRS Chapter 13A. This

resubmission contains proposed

modifications to 405 KAR 10:010

General Requirements for Performance

Bond and Liability Insurance, 405 KAR

16:010 General Provisions, 405 KAR

16:020 Contemporaneous Reclamation,

and 405 KAR 18:010 General Provisions.

Also, included in this reopening is the

Statement of Consideration for these

regulations dated October 14, 1994

(Administrative Record No. KY–1321).

The Statement of Consideration is

Kentucky’s response to comments on its

proposed regulations. This proposed

program amendment replaces an earlier

proposed program amendment

submitted on August 2, 1994

(Administrative Record No. KY–1305),

and portions of Kentucky’s submittal of

July 19, 1994 (Administrative Record

No. KY–1304), containing 405 KAR

10:010 General Requirements for

Performance Bond and Liability

Insurance and 405 KAR 16:020

Contemporaneous Reclamation.

Specifically, Kentucky proposes the

following changes:

405 KAR 10:010—General Requirements

for Performance Bond and Liability

Insurance

New Section 2(4) resulted from

recommendations in the July 1993,

report of the joint steering committee on

reclamation bonding, a work group

consisting of representatives of the

Department of Surface Mining

Reclamation and Enforcement, OSM,

the Kentucky coal industry, public and

environmental interests, and the surety

industry. Coupled with the amendments
9316 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules

to 405 KAR 16:020 (see discussion

below), this amendment is intended to

reduce the chances that a forfeited bond

will be inadequate to reclaim the

minesite. New Section 2(4) requires that

if a permit revision adds a coal washer,

a crush and load facility, a refuse pile,

or a coal mine waste impoundment to

the existing permit, or alters the

boundary of a permit area or increment,

the permittee must submit a rider to his

performance bond, confirming coverage

of the revision.

New Section 5 incorporates by

reference the various forms in use

pertaining to performance bonds and

liability insurance.

405 KAR 16:020—Contemporaneous

Reclamation

The amendments to this regulation

also resulted from the recommendations

in the July 1993, bonding report

discussed above. The amendments to

Section 2 and new Section 6 require a

permittee to post supplemental

assurance (certificate of deposit, letter

of credit, surety guarantee, etc.) in

addition to the normal performance

bond whenever he obtains approval of

alternate distance limits for backfilling

and grading or if additional pits are

approved. When the backfilling and

grading has progressed to the point that

the alternate distance limits are no

longer needed, the supplemental

assurance is then returned to the person

that submitted it. This supplemental

assurance is not subject to the normal

bond release requirements of 405 KAR

10:040. Supplemental assurance is also

required if the permittee wishes to open

more than one pit on the permit area.

Section 2 permits an approved

backfilling and grading plan to include

more than one pit per permit area if

certain demonstrations are made by the

permittee. Sections 2(1) through 2(5)

place limits on the number of mining

operations per permit area. Section 2(6)

requires that if a mountaintop removal

operation begins by mining a contour

cut around all or part of the

mountaintop, the time and distance

limits for contour mining shall apply to

that cut unless alternate limits are

approved.

New Section 6(7) makes the

supplemental assurance requirements

applicable to all permit applications

submitted on or after December 12,

1994. Existing operations must come

into compliance with the supplemental

assurance requirements 180 days after

December 12, 1994.

New Section 7 incorporates by

reference two new forms used for

supplemental assurance. These are the

supplemental assurance form itself,

SME–42 (SA), and the escrow agreement

form SME–64 (SA).

405 KAR 16:010—General Provisions.

(Surface Mines)

405 KAR 18:010—General Provisions.

(Underground Mines)

The amendments to these two

administrative regulations are intended

to reduce occurrences of a rapid release

to the land surface of a large volume of

water impounded in underground mine

workings, often called a ‘‘blowout.’’

Blowouts have caused considerable

damage to property and the

environment, and create a hazard to

persons in the areas where they occur.

Additionally, an underground mine can

become a source of acid mine drainage

after a blowout.

Blowouts usually result from

underground workings that extend too

close to the land surface, leaving an

unmined barrier of coal that is too weak

to withstand the buildup of water

pressure against it. New Section 6 of 405

KAR 18:010 requires that adequate coal

barriers be left in areas with blowout

potential. Except where surface

openings are approved in the permit,

the underground mine must leave an

unmined barrier of coal where the

underground workings dip toward and

approach the land surface. This

requirement will be waived if

accumulation of water in the

underground workings cannot

reasonably be expected to occur, or if

adequate measures to prevent an

unmined barrier of coal is required, it

must be of sufficient width to prevent

failure and sudden release of water. The

cabinet may determine on a case-by-case

basis the width of the barrier that is

necessary. The width must not be less

than the width given by the formula:

W=50+H, where W is the minimum

width in feet and H is the maximum

hydrostatic head in feet that can build

up on the outcrop barrier pillar; unless

the cabinet approves a lesser width

based upon the applicant’s

demonstration that a lesser width is

adequate.

A blowout can also result from

surface mining activities that remove

coal from and thereby weaken, a coal

barrier left by underground mining.

New Section 8 of 405 KAR 16:010

requires that surface mining activities

not remove coal from barriers left by

underground mining where the

underground workings dip toward and

approach the land surface, except when

approved by the cabinet. The cabinet

will approve the removal if it meets all

other applicable requirements and at

least one of the following conditions:

(1) The removal will not adversely

affect the stability of the barrier;

(2) The removal will completely

eliminate or significantly reduce

existing underground workings;

(3) The removal will eliminate or

significantly reduce an existing or

potential threat to the health or safety of

the public resulting from the

underground workings;

(4) The removal will eliminate or

significantly reduce existing or potential

adverse impacts of the underground

working to the quantity or quality of

ground water or surface water; or

(5) The barrier is not necessary to

protect the health or safety of the public

or to protect the quantity of ground

water or surface water.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Kentucky

program amendment to provide the

public an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. 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

commentor’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.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m. on

March 6, 1995. If no one requests an

opportunity to comment at a public

hearing, the hearing will not be held.

Filing of a written statement at the time

of the hearing is requested as it will

greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to comment have been heard.

Persons in the audience who have not

been scheduled to comment, and who
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9317

wish to do so, will be heard following

those scheduled. The hearing will end

after all persons scheduled to comment

and persons present in the audience

who wish to comment have been heard.

Public Meeting

If only one person requests an

opportunity to comment at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendments may

request a meeting at the OSM Lexington

Field Office listed under ADDRESSES by

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. All such

meetings will be open to the public and,

if possible, notices of meetings will be

posted in advance at the locations listed

under ADDRESSES. A written summary of

each meeting will be made a part of 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).

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 his 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 Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 9, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–4064 Filed 2–16–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 935

[OH–234; Amendment Number 63R]

Ohio Regulatory and AML Programs;

Reduction and Reorganization of

Engineering Staff

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

public comment period.

SUMMARY: OSM is reopening the public

comment period for a proposed

amendment to the Ohio regulatory

program and AML program (hereinafter

referred to as the Ohio programs) under

the Surface Mining Control and

Reclamation Act of 1977. This

amendment is intended to reduce and

reorganize the engineering staff of the

Ohio programs in response to recent

drops in Ohio coal production. Ohio has

resubmitted this amendment in

response to OSM’s deferral of its

decision on the engineering portion of

Ohio’s overall staffing proposal in the

previous submissions of this program

amendment.

This document sets forth the times

and locations that the Ohio programs

and the proposed amendments to those

programs will be available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendments, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received on or before 4:00 p.m., e.s.t., on

March 20, 1995. If requested, a public

hearing on the proposed amendments

will be held at 1:00 p.m., e.s.t., on

March 14, 1995. Requests to present oral

testimony at the hearing must be

received on or before 4:00 p.m., e.s.t., on

March 6, 1995.

ADDRESSES: Written comments and

requests to testify at the hearing should

be mailed or hand-delivered to Mr.

Robert H. Mooney, Acting Director,

Columbus Field Office, at the address

listed below.

Copies of the Ohio programs, the

proposed amendments, 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 amendments by

contacting OSM’s Columbus Field

Office.

Office of Surface Mining Reclamation

and Enforcement, Columbus Field

Office, 4480 Refugee Road, Suite 201,

Columbus, Ohio 43232, Telephone:

(614) 886–0578

Ohio Department of Natural Resources,

Division of Reclamation, 1855

Fountain Square Court, Building H–3,

Columbus, Ohio 43224, Telephone:

(614) 265–6675.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert H. Mooney, Acting Director,

Columbus Field Office, (614) 866–0578.

SUPPLEMENTARY INFORMATION:

I. Background of the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio programs. Information on the

general background of the Ohio program

submissions, including the Secretary’s

findings, the disposition of comments,

and a detailed explanation of the

conditions of approval of the Ohio

programs, can be found in the August

10, 1982, Federal Register (47 FR

34688). Subsequent actions concerning