Kentucky Regulatory Program; Reopening of Public Comment Period

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]

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