[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39290-39292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14076]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-235-FOR]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing the removal of two instructions to the State of
Kentucky pertaining to required amendments to the Kentucky regulatory
program (the ``Kentucky program''). The Kentucky program was
established under the Surface Mining Control and Reclamation Act of
1977 (SMCRA or the Act) and authorizes Kentucky to regulate surface
coal mining and reclamation operations in Kentucky. We are removing the
instructions because the actions required by our instructions were
previously satisfied and nothing further is required by the state.
EFFECTIVE DATE: June 7, 2002.
[[Page 39291]]
FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Field Office
Director; Telephone: (859) 260-8400; E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Purpose of the Rule
III. 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 State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the 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 21404). You can
also find later actions concerning Kentucky's program and program
amendments at 30 CFR 917.11, 917.12, 917.13, 917.15, 917.16, and
917.17.
II. Purpose of the Rule
During the course of implementing SMCRA, we occasionally issue new
regulations that may result in the state having to amend its approved
program. A state on its own initiative may also amend its approved
program. When either situation occurs, we review the amendment
submitted by the state and determine if it meets the requirements of
SMCRA. When it does, it is approved and when it does not, it is not
approved and instructions are issued to the state on new amendments
that are required. These instructions are codified in our regulations
at 30 CFR 917.16 for the Kentucky program. The instructions should be
removed once the requirement is satisfied either by the submission and
approval of a new amendment, or by a change in circumstances such as
the issuance of new regulations by OSM or the enactment of new
legislation. Occasionally, we neglect to remove the instruction and by
this rulemaking will remove instructions that are no longer required
for the reasons that follow.
At 30 CFR 917.16(d)(1), Kentucky was required to remove the word
``abated'' or otherwise clarify that the rule at 405 Kentucky
Administrative Regulations (KAR)7:090 section 3(4)(a) applies to abated
and unabated violations to comply with the Federal regulations at 30
CFR 845.20. The Federal regulations require any person who chooses not
to contest the fact of a violation (whether abated or not) or the
assessment to pay the assessment in full within 30 days of the date the
final assessment order was mailed. Kentucky has since made numerous
changes to its hearing regulations, including the removal of 405 KAR
7:090. We approved the changes on August 6, 1993 (58 FR 42601).
Kentucky's current regulations at 405 KAR 7:092 section 3(4)(a) state,
in part, that if a person chooses not to contest the assessment, a
finding will be made that the person has waived all rights to an
administrative hearing, and the fact of the violation is deemed
admitted. Because Kentucky no longer refers to ``abated'' violations,
the requirement codified at 30 CFR 917.16(d)(1) is hereby satisfied and
the instruction should be removed. 30 CFR 917.16(f) required a program
change to 405 KAR 8:010 sections 5(1)(c) and (d) to require that
information required by sections 2 and 3 of 405 KAR 8:030 and 8:040 be
submitted on any format prescribed by OSM, as well as any format
prescribed by the Cabinet. On December 19, 2000 (65 FR 79582), we
removed the requirement that states must submit information on forms
approved by OSM. The requirement codified at 30 CFR 917.16(f) is no
longer necessary and the instruction should have been removed.
III. Procedural Determinations
Administrative Procedure Act
This final rule has been issued without prior public notice or
opportunity for public comment. The Administrative Procedure Act (APA)
(5 U.S.C. 553) provides an exception to the notice and comment
procedures when an agency finds that there is good cause for dispensing
with such procedures on the basis that they are impracticable,
unnecessary or contrary to the public interest. We have determined that
under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with
notice of proposed rulemaking and an opportunity for public comment.
This rule is technical in nature and non-controversial. It merely
removes from our regulations instructions to the state pertaining to
amendments to the Kentucky program that were required. As previously
mentioned, Kentucky satisfied one requirement, and the Federal
regulations no longer contain the other. The instructions in our
regulations should, therefore, be removed. For these same reasons, we
believe there is good cause under 5 U.S.C. 553(d)(3) of the APA to have
the rule become effective on a date that is less than 30 days after the
date of publication in the Federal Register.
Executive Order 12630--Takings
This rule is a technical amendment and does not have takings
implications.
Executive Order 12866--Regulatory Planning and Review
This rule is exempt from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section.
Executive Order 13132--Federalism
This rule is a technical amendment and does not have Federalism
implications.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and will not have a significant adverse
effect on the supply, distribution, or use of energy, a Statement of
Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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
[[Page 39292]]
Paperwork Reduction Act (44 U.S.C. 3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies 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 rule is a technical amendment that does not impose any additional
requirements on small entities.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. For the reasons stated
above, this rule: (a) Does not have an annual effect on the economy of
$100 million; (b) will not cause a major increase in costs or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions; and (c) does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Unfunded Mandates
This rule is a technical amendment and will not impose an unfunded
mandate on State, local, or tribal governments or the private sector of
$100 million or more in any given year.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 8, 2002.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR part 917 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.
Sec. 917.16 [Amended]
2. Section 917.16 is amended by removing and reserving paragraphs
(d)(1) and(f).
[FR Doc. 02-14076 Filed 6-6-02; 8:45 am]
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