Kentucky Abandoned Mine Land Reclamation (AMLR) Plan, 33177-33180 [E7-11586]
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules
hours, and 4 hours, respectively, during the
Taxpayer’s taxable year. On Flight 1, there
are four passengers, none of whom are
specified individuals. On Flight 2, passengers
A and B are specified individuals traveling
for entertainment purposes and passengers C
and D are not specified individuals. Taxpayer
treats $1,200 as compensation to A, and B
reimburses Taxpayer $500. On Flight 3, all
four passengers (A, B, E, and F) are specified
individuals traveling for entertainment
purposes. The Taxpayer treats $1,300 each as
compensation to A, B, E, and F. Taxpayer
incurs $56,000 in expenses for the operation
of the aircraft for the taxable year. The
aircraft is operated for 56 occupied seat hours
for the period (four passengers times 5 hours
or 20 occupied seat hours for Flight 1, plus
four passengers times 5 hours or 20 occupied
seat hours for Flight 2, plus four passengers
times 4 hours or 16 occupied seat hours for
Flight 3). The cost per occupied seat hour is
$1,000 ($56,000/56 hours).
(ii) For purposes of determining the
amount disallowed (to the extent not treated
as compensation or reimbursed), $5,000
($1,000 × 5 hours) each is allocable with
respect to A and B for Flight 2, and $4,000
($1,000 × 4 hours) each is allocable with
respect to A, B, E, and F for Flight 3.
(iii) For Flight 2, because Taxpayer treats
$1,200 as compensation to A, and B
reimburses Taxpayer $500, Taxpayer may
deduct $1,700 of the cost of Flight 2 allocable
to A and B. The deduction for the remaining
$8,300 cost allocable to entertainment
provided to A and B on Flight 2 is disallowed
(with respect to A, $5,000 less the $1,200
treated as compensation, and with respect to
B, $5,000 less the $500 reimbursed).
(iv) For Flight 3, because Taxpayer treats
$1,300 each as compensation to A, B, E, and
F, Taxpayer may deduct $5,200 of the cost of
Flight 3. The deduction for the remaining
$10,800 cost allocable to entertainment
provided to A, B, E, and F on Flight 3 is
disallowed ($4,000 less the $1,300 treated as
compensation to each specified individual).
Example 2. (i) G, a specified individual, is
the sole passenger on an aircraft on a twohour flight from City A to City B for business
purposes. G then travels on a three-hour
flight from City B to City C for entertainment
purposes, and returns from City C to City A
on a four-hour flight. G’s flights have resulted
in nine occupied seat hours (two for the first
segment, plus three for the second segment,
plus four for the third segment). If G had
returned directly to City A from City B, the
flights would have resulted in four occupied
seat hours.
(ii) Under paragraph (e)(2)(iii) of this
section, five occupied seat hours are
allocable with respect to G’s entertainment
(nine total occupied seat hours minus the
four occupied seat miles that would have
resulted if the travel had been a roundtrip
business trip without the entertainment
segment). If Taxpayer’s cost per occupied
seat hour for the year is $1,000, $5,000 is
allocated with respect to G’s entertainment
use of the aircraft ($1,000 × five occupied
seat hours). The amount disallowed is $5,000
minus any amount the Taxpayer treats as
compensation to G or that G reimburses
Taxpayer.
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(3) Flight-by-flight method—(i) In
general. The flight-by-flight method
determines the amount of expenses
allocated to a particular entertainment
flight of a specified individual on a
flight-by-flight basis by allocating
expenses to individual flights and then
to a specified individual traveling for
entertainment purposes on that flight.
(ii) Allocation of expenses. A taxpayer
using the flight-by-flight method must
aggregate all expenses (as defined in
paragraph (d)(1) of this section) for the
taxable year for the aircraft or group of
aircraft (as determined under paragraph
(d)(4) of this section), as applicable, and
divide the total amount of expenses by
the number of flight hours or miles for
the taxable year for that aircraft or group
of aircraft, as applicable, to determine
the cost per hour or mile. Expenses are
allocated to each flight by multiplying
the number of miles or hours for the
flight by the cost per hour or mile. The
expenses for the flight are then allocated
to the passengers on the flight per
capita. Thus, if three of five passengers
are traveling for business and two
passengers are specified individuals
traveling for entertainment purposes,
and the total expense allocated to the
flight is $10,000, the expense allocable
to each specified individual is $2,000.
(f) Special rules—(1) Determination of
basis. If an amount disallowed is
allocable to depreciation under
paragraph (f)(2) of this section, the rules
of § 1.274–7 apply. In that case, the
basis of an aircraft is not reduced for the
amount of depreciation disallowed
under this section.
(2) Pro rata disallowance. The
expense disallowance provisions of this
section are applied on a pro rata basis
to all of the expenses disallowed by this
section.
(3) Deadhead flights. (i) For purposes
of this section, an aircraft returning
without passengers after discharging
passengers or flying without passengers
to pick up passengers (deadheading) is
treated as having the same number and
character of passengers as the leg of the
trip on which passengers are aboard for
purposes of the allocation of expenses
under paragraphs (e)(2) or (e)(3) of this
section. For example, when an aircraft
travels from point A to point B and then
back to point A, and one of the legs is
a deadhead flight, for determination of
disallowed expenses, the aircraft is
treated as having made both legs of the
trip with the same passengers aboard for
the same purposes.
(ii) When a deadhead flight does not
occur within a roundtrip flight, but
occurs between two unrelated flights
involving more than two destinations
(such as an occupied flight from point
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33177
A to point B, followed by a deadhead
flight from point B to point C, and then
an occupied flight from point C to point
A), the allocation of passengers and
expenses to the deadhead flight
occurring between the two occupied
trips is based on the number of
passengers on board for the two
occupied legs of the flight, the character
of the passengers on board
(entertainment or nonentertainment
purpose) and the length in hours or
miles of the two occupied legs of the
flight.
(g) Effective/applicability date. This
section applies to taxable years
beginning after the date these
regulations are published as final
regulations in the Federal Register.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E7–11445 Filed 6–14–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 917
[KY–251–FOR]
Kentucky Abandoned Mine Land
Reclamation (AMLR) Plan
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
SUMMARY: We are announcing receipt of
a proposed amendment to the Kentucky
Abandoned Mine Land Reclamation
(AMLR) Plan under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). The amendment
makes several revisions to Kentucky’s
AMLR Plan and is intended to update
and improve the effectiveness of the
AMLR plan. Kentucky submitted the
amendment in response to the passage
of the Surface Mining Control and
Reclamation Act Amendments of 2006.
This document gives the times and
locations that the Kentucky program
and this submittal are available for your
inspection, the comment period during
which you may submit written
comments, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments until 4 p.m., e.s.t., July 16,
2007. If requested, we will hold a public
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules
hearing on July 10, 2007. We will accept
requests to speak until 4 p.m., e.s.t., on
July 2, 2007.
ADDRESSES: You may submit comments,
identified by ‘‘KY–251–FOR/
Administrative Record No. K–74’’ by
any of the following methods:
• E-mail: bkovacic@osmre.gov.
• Mail/Hand Delivery: William J.
Kovacic, Lexington Field Office, Office
of Surface Mining Reclamation and
Enforcement, 2675 Regency Road,
Lexington, Kentucky 40503. Telephone:
(859) 260–8400.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency docket number
‘‘KY–251–FOR/Administrative Record
No. K–74’’ for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ section
in this document. You may also request
to speak at a public hearing by any of
the methods listed above or by
contacting the individual listed under
FOR FURTHER INFORMATION CONTACT.
Docket: You may review copies of the
Kentucky program, this submission, a
listing of any scheduled public hearings,
and all written comments received in
response to this document at OSM’s
Lexington Field Office at the address
listed above during normal business
hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the submission by
contacting OSM’s Lexington Field
Office. In addition, you may receive a
copy of the submission during regular
business hours at the following location:
Department for Natural Resources, 2
Hudson Hollow Complex, Frankfort,
Kentucky 40601. Telephone: (502) 564–
6940.
FOR FURTHER INFORMATION CONTACT:
William J. Kovacic, Telephone: (859)
260–8400. Internet:
bkovacic@osmre.gov.
SUPPLEMENTARY INFORMATION:
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I. Background on the Kentucky Program
II. Description of the Submission
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Kentucky
Program
The Abandoned Mine Land (AML)
Reclamation Program was established
by Title IV of SMCRA (30 U.S.C. 1201
et seq.) in response to concerns over
extensive environmental damage caused
by past coal mining activities. The
program is funded by a reclamation fee
collected on each active coal mine to
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finance the reclamation of abandoned
coal mines and for other authorized
activities. Section 405 of the Act allows
States and Indian Tribes to assume
exclusive responsibility for reclamation
activity within the State or on Indian
lands if they develop and submit to the
Secretary of the Interior (Secretary) for
approval, a program (often referred to as
a plan) for the reclamation of abandoned
coal mines. On the basis of these
criteria, the Secretary approved the
Kentucky AMLR Plan on May 18, 1982.
You can find background information
on the Plan, including the Secretary’s
findings, the disposition of comments,
and the approval of the Plan in the May
18, 1982, Federal Register (47 FR
21435). You can find later actions
concerning the Kentucky AMLR Plan
and amendments to the plan at 30 CFR
917.20 and 917.21.
II. Description of the Submission
By letter dated April 23, 2007,
Kentucky sent us a proposed
amendment to its AMLR Plan under
SMCRA (30 U.S.C. 1201 et seq.) at its
own initiative ([KY–251–FOR],
Administrative Record No. K–74). With
the passage of the Tax Relief and Health
Care Act of 2006, Public Law 109–432
containing amendments to SMCRA, the
Kentucky General Assembly enacted
corresponding amendments to the
Kentucky Revised Statutes at Chapter
350. The full text of the program
amendment is available for you to read
at the location listed above under
ADDRESSES. A summary of the proposed
changes follows.
Kentucky enacted Senate Bill 187 on
February 21, 2007, to create a new
section of the Kentucky Revised Statutes
(KRS) Chapter 350 to allow the
Environmental and Public Protection
Cabinet (Cabinet) to do the following:
expend for reclamation projects which
are of a lower priority, if done in
conjunction with a project assigned a
higher priority; amend KRS 350.550 to
delete use of Abandoned Mine Land
funds for studies conducted by state
agencies; amend KRS 350.555 to allow
for expenditure on a reclamation project
located adjacent to one already assigned
a priority by the cabinet; delete research
and development, work on public
facilities, and development of publicly
owned lands as a priority; amend KRS
350.560 to delete restriction on the use
of funds allocated to the Commonwealth
by the Secretary of the Interior; amend
KRS 350.575 to prohibit a lien filed
against a property owner who did not
consent to mining operations requiring
reclamation; amend KRS 350.597 to
retain up to 30% of the funds allocated
to Kentucky in a special trust fund; and
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to include the 2006 amendments to the
Surface Mining Reclamation and
Control Act in the citation.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the submission
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the Kentucky AMLR Plan. We
cannot ensure that comments received
after the close of the comment period
(see DATES) or at locations other than
those listed above (see ADDRESSES) will
be considered or included in the
Administrative Record.
Written Comments
Send your written comments to OSM
at the address given above. Your written
comments should be specific, pertain
only to the issues proposed in this
rulemaking, and include explanations in
support of your recommendations.
Electronic Comments
Please submit Internet comments as
an ASCII file avoiding the use of special
characters and any form of encryption.
Please also include ‘‘Attn: KY–251–
FOR/Administrative Record No. KY–
74’’ and your name and return address
in your Internet message. If you do not
receive a confirmation that we have
received your Internet message, contact
the Lexington Field Office at (859) 260–
8400.
Availability of Comments
We will make comments, including
names and addresses of respondents,
available for public review during
normal business hours. We will not
consider anonymous comments. If
individual respondents request
confidentiality, we will honor their
request to the extent allowable by law.
Individual respondents who wish to
withhold their name or address from
public review, except for the city or
town, must state this prominently at the
beginning of their comments. We will
make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public review in their entirety.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., e.s.t. on July 2, 2007. If you are
disabled and need special
accommodations to attend a public
hearing, contact the person listed under
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FOR FURTHER INFORMATION CONTACT.
We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a public
hearing provide us with a written copy
of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the submission, please request a
meeting by contacting the person listed
under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulations.
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Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) 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, to the extent
allowable 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
the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10),
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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.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA. Section 503(a)(7) requires that
State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
The basis for this determination is that
our decision is on a State regulatory
program and does not involve a Federal
program involving Indian Tribes.
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 is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
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33179
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 a
major Federal action within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4321 et seq.).
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
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 State submittal
that is the subject of this rule is based
on 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. 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.
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.
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, geographic
regions, or Federal, State or local
governmental agencies; 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. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface
mining, Underground mining.
Dated: May 4, 2007.
Michael K. Robinson,
Acting Regional Director.
[FR Doc. E7–11586 Filed 6–14–07; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD–2007–OS–0041]
[RIN 0790–AI21]
DoD Freedom of Information Act
(FOIA) Program
Department of Defense.
ACTION: Proposed rule.
rmajette on PROD1PC64 with PROPOSALS
AGENCY:
SUMMARY: The Department of Defense is
proposing to update current policies
and procedures to reflect the DoD FOIA
Program as prescribed by Executive
Order 13392. The proposed changes will
ensure appropriate agency disclosure of
information, and offer consistency with
the with the goals of section 552 of title
5, United States Code.
DATES: Comment must be received on or
before August 14, 2007. Do not submit
comments directly to the point of
contact or mail your comments to any
address other than what is shown
below. Doing so will delay the posting
of the submission.
ADDRESSES: You may submit comments,
identified by docket number and or RIN
number and title, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submission from members of the public
15:14 Jun 14, 2007
FOR FURTHER INFORMATION CONTACT:
Mr.
James Hogan (703) 696–4699.
SUPPLEMENTARY INFORMATION:
Executive Order 13132, ‘‘Federalism’’
It has been certified that this rule does
not have federalism implications, as set
forth in Executive Order 13132. This
rule does not have substantial direct
effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
Executive Order 12630, ‘‘Government
Actions and Interference With
Constitutionally Protected Property
Rights’’
32 CFR Part 285
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is to make these submissions available
for public viewing on the Internet at
https://regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
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It has been certified that this rule does
not:
(1) Place a restriction on a use of
private property;
(2) Involve a permitting process or
any other decision-making process that
will interfere with, or otherwise
prohibit, the use of private property; or
(3) Regulate private property use for
the protection of public health or safety.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been certified that this rule does
not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribunal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Executive Order 13045, ‘‘Protection of
Children From Environmental Health
Risks and Safety Risks’’
It has been certified that this rule does
not present any environmental health or
safety effects on children.
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Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and tribunal governments, in aggregate,
or by the private sector, of $100 million
or more in any one year.
National Environmental Policy Act
It has been certified that this rule does
not significantly affect the quality of the
human environment.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this rule does
not impose reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995. The reporting
and recordkeeping requirements have
been submitted to OMB for review.
List of Subjects in 32 CFR Part 285
Freedom of information.
Accordingly, 32 CFR part 285 is
proposed to be revised to read as
follows.
PART 285—DOD FREEDOM OF
INFORMATION ACT (FOIA) PROGRAM
Sec.
285.1
285.2
285.3
285.4
285.5
Purpose.
Applicability and scope.
Policy.
Responsibilities.
Information requirements.
Authority: 5 U.S.C. 552.
§ 285.1
Purpose.
This part:
(a) Update policies and
responsibilities for implementing the
DoD FOIA Program in accordance with
5 U.S.C. 552 (commonly known as the
‘‘FOIA’’).
(b) Continues to authorize 32 CFR part
286 to implement the FOIA Program.
(c) Implements E.O. 13392 within the
Department of Defense.
(d) Continues to delegate authorities
and responsibilities for the effective
administration of the FOIA Program
consistent with DoD Directive 5105.53.1
§ 285.2
Applicability and scope.
This part applies to:
1 Copies of DoD Directives, Instructions, and
Publications may be obtained at https://
www.dtic.mil/whs/directives/.
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]]>Agencies
[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Proposed Rules]
[Pages 33177-33180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11586]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-251-FOR]
Kentucky Abandoned Mine Land Reclamation (AMLR) Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We are announcing receipt of a proposed amendment to the
Kentucky Abandoned Mine Land Reclamation (AMLR) Plan under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The
amendment makes several revisions to Kentucky's AMLR Plan and is
intended to update and improve the effectiveness of the AMLR plan.
Kentucky submitted the amendment in response to the passage of the
Surface Mining Control and Reclamation Act Amendments of 2006. This
document gives the times and locations that the Kentucky program and
this submittal are available for your inspection, the comment period
during which you may submit written comments, and the procedures that
we will follow for the public hearing, if one is requested.
DATES: We will accept written comments until 4 p.m., e.s.t., July 16,
2007. If requested, we will hold a public
[[Page 33178]]
hearing on July 10, 2007. We will accept requests to speak until 4
p.m., e.s.t., on July 2, 2007.
ADDRESSES: You may submit comments, identified by ``KY-251-FOR/
Administrative Record No. K-74'' by any of the following methods:
E-mail: bkovacic@osmre.gov.
Mail/Hand Delivery: William J. Kovacic, Lexington Field
Office, Office of Surface Mining Reclamation and Enforcement, 2675
Regency Road, Lexington, Kentucky 40503. Telephone: (859) 260-8400.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
docket number ``KY-251-FOR/Administrative Record No. K-74'' for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Comment Procedures'' section in this document. You may also request to
speak at a public hearing by any of the methods listed above or by
contacting the individual listed under FOR FURTHER INFORMATION CONTACT.
Docket: You may review copies of the Kentucky program, this
submission, a listing of any scheduled public hearings, and all written
comments received in response to this document at OSM's Lexington Field
Office at the address listed above during normal business hours, Monday
through Friday, excluding holidays. You may receive one free copy of
the submission by contacting OSM's Lexington Field Office. In addition,
you may receive a copy of the submission during regular business hours
at the following location: Department for Natural Resources, 2 Hudson
Hollow Complex, Frankfort, Kentucky 40601. Telephone: (502) 564-6940.
FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Telephone: (859)
260-8400. Internet: bkovacic@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Submission
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Kentucky Program
The Abandoned Mine Land (AML) Reclamation Program was established
by Title IV of SMCRA (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each active coal mine to finance the reclamation of abandoned coal
mines and for other authorized activities. Section 405 of the Act
allows States and Indian Tribes to assume exclusive responsibility for
reclamation activity within the State or on Indian lands if they
develop and submit to the Secretary of the Interior (Secretary) for
approval, a program (often referred to as a plan) for the reclamation
of abandoned coal mines. On the basis of these criteria, the Secretary
approved the Kentucky AMLR Plan on May 18, 1982. You can find
background information on the Plan, including the Secretary's findings,
the disposition of comments, and the approval of the Plan in the May
18, 1982, Federal Register (47 FR 21435). You can find later actions
concerning the Kentucky AMLR Plan and amendments to the plan at 30 CFR
917.20 and 917.21.
II. Description of the Submission
By letter dated April 23, 2007, Kentucky sent us a proposed
amendment to its AMLR Plan under SMCRA (30 U.S.C. 1201 et seq.) at its
own initiative ([KY-251-FOR], Administrative Record No. K-74). With the
passage of the Tax Relief and Health Care Act of 2006, Public Law 109-
432 containing amendments to SMCRA, the Kentucky General Assembly
enacted corresponding amendments to the Kentucky Revised Statutes at
Chapter 350. The full text of the program amendment is available for
you to read at the location listed above under ADDRESSES. A summary of
the proposed changes follows.
Kentucky enacted Senate Bill 187 on February 21, 2007, to create a
new section of the Kentucky Revised Statutes (KRS) Chapter 350 to allow
the Environmental and Public Protection Cabinet (Cabinet) to do the
following: expend for reclamation projects which are of a lower
priority, if done in conjunction with a project assigned a higher
priority; amend KRS 350.550 to delete use of Abandoned Mine Land funds
for studies conducted by state agencies; amend KRS 350.555 to allow for
expenditure on a reclamation project located adjacent to one already
assigned a priority by the cabinet; delete research and development,
work on public facilities, and development of publicly owned lands as a
priority; amend KRS 350.560 to delete restriction on the use of funds
allocated to the Commonwealth by the Secretary of the Interior; amend
KRS 350.575 to prohibit a lien filed against a property owner who did
not consent to mining operations requiring reclamation; amend KRS
350.597 to retain up to 30% of the funds allocated to Kentucky in a
special trust fund; and to include the 2006 amendments to the Surface
Mining Reclamation and Control Act in the citation.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the submission satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Kentucky AMLR Plan. We cannot ensure that
comments received after the close of the comment period (see DATES) or
at locations other than those listed above (see ADDRESSES) will be
considered or included in the Administrative Record.
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations.
Electronic Comments
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: KY-251-FOR/Administrative Record No. KY-74'' and your name and
return address in your Internet message. If you do not receive a
confirmation that we have received your Internet message, contact the
Lexington Field Office at (859) 260-8400.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.s.t. on July
2, 2007. If you are disabled and need special accommodations to attend
a public hearing, contact the person listed under
[[Page 33179]]
FOR FURTHER INFORMATION CONTACT. We will arrange the location and time
of the hearing with those persons requesting the hearing. If no one
requests an opportunity to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the submission, please request a meeting by contacting
the person listed under FOR FURTHER INFORMATION CONTACT. All such
meetings are open to the public and, if possible, we will post notices
of meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) 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, to the
extent allowable 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 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 CFR parts 730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
The basis for this determination is that our decision is on a State
regulatory program and does not involve a Federal program involving
Indian Tribes.
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 is not expected to 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 a major Federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4321 et
seq.).
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 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 State submittal that is the subject of this rule is based on
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. 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.
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. 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, geographic regions, or Federal, State or local governmental
agencies; 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. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector
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of $100 million or more in any given year. This determination is based
upon the fact that the State submittal, which is the subject of this
rule, is based upon counterpart Federal regulations for which an
analysis was prepared and a determination made that the Federal
regulation did not impose an unfunded mandate.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 4, 2007.
Michael K. Robinson,
Acting Regional Director.
[FR Doc. E7-11586 Filed 6-14-07; 8:45 am]
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