# 60 FR 19193: Kentucky Regulatory Program > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-9388 ## Section - **Citation:** 60 FR 19193 - **Heading:** Kentucky Regulatory Program - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 60 / 60 FR 19193 ## Text DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 917 [KY-208] 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 receipt of revisions pertaining to a previously proposed amendment to the Kentucky regulatory program (hereinafter, the ``Kentucky program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for Kentucky's proposed rules pertain to documents, assessment of civil penalties, and revegetation for surface and underground mining. This 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 2, 1995. ADDRESSES: Written comments should be mailed or hand delivered to Mr. 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 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. Mr. William J. Kovacic, Lexington Field Office, Office of Surface Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 40503, Telephone: (606) 233-2896' Department for 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) 233-2896. SUPPLEMENTARY INFORMATION: I. Background on the Kentucky Program t, 2675 Regency Road, Lexington, Kentucky 40503, Telephone: (606) 233-2896' Department for 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) 233-2896. 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 the conditions of approval of the Kentucky program can be found in the May 18, 1982, Federal Register (47 FR 21404). Subsequent actions concerning Kentucky's program and program amendments can be found at 30 CFR 917.11, 917.15, 917.16, and 917.17. II. Description of the Proposed Amendment By letter dated July 19, 1994, Kentucky submitted a proposed amendment to its program pursuant to SMCRA (Administrative Record No. 1304). Kentucky submitted the proposed amendment at its own initiative. The provisions of the Kentucky Administration Regulations (KAR) Kentucky proposed to amend were: 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 (Administrative Record No. 1322). Because no one requested a public hearing or meeting, none was held. The public comment period ended on September 8, 1994 all intersperse the fields with tree, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals.'' Proposed section 5(2)(b)2 is being revised to specifically identify the ``Kentucky Agricultural Statistics'' documents being relied upon (except for prime farmland) for average county yields of row crops. Proposed section 6 is being revised to reduce the stocking rates for trees from 450 to 300 plants per acre, and to require all permit applications submitted after February 22, 1995, which propose to plant trees and shrubs for wildlife habitat, to use species listed in Appendix A of New Technical Reclamation Memorandum #21 and stocking densities set in section 6(2)(b)1, or optionally to use species and stocking densities recommended specifically for the permit area by the Kentucky Department of Fish and Wildlife Resources. Sections 9(3)(c) and 9(6), regarding use of productivity test areas rather than statistical evaluation of productivity, are being deleted. III. Public Comment Procedures Written Comments 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 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 mments 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). 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 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 12550) and the Federal regulations at 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 CRR 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 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 that 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. List of Subjects in 30 CFR Part 917 Intergovernmental relations, Surface mining, Underground mining. Dated: April 10, 1995. Richard J. Seibel, Acting Assistant Director, Eastern Support Center. 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