Kentucky Regulatory Program, 62266-62268 [E9-28368]
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62266
Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Proposed Rules
September 30, 2009) with the exception
of Standard 10.3.2.
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[FR Doc. E9–28402 Filed 11–25–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Parts 28 and 44
[Docket No. TTB–2009–0005; Notice No.
101; Re: Notice No. 100]
FOR FURTHER INFORMATION CONTACT:
RIN 1513–AB77
Drawback of Internal Revenue Taxes;
Extension of Comment Period
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking;
extension of comment period.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY:
SUMMARY: In response to a request filed
on behalf of an industry association, the
Alcohol and Tobacco Tax and Trade
Bureau is extending the comment
period for Notice No. 100, a notice of
proposed rulemaking published in the
Federal Register on October 15, 2009,
for an additional 30 days. The proposed
rule sought comments on conforming
amendments to our regulations to reflect
proposed Customs and Border
Protection regulations intended to
clarify the relationship between tax
payment under the Internal Revenue
Code of 1986 and drawback of tax under
the Tariff Act of 1930.
DATES: The comment period for the
proposed rule published on October 15,
2009 (74 FR 52937), is extended.
Written comments on Notice No. 100
must now be received on or before
January 14, 2010.
ADDRESSES: You may send comments on
Notice No. 100 to one of the following
addresses:
• https://www.regulations.gov: Use the
comment form for this notice on the
Federal e-rulemaking portal,
Regulations.gov, to submit comments
via the Internet;
• Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, P.O. Box 14412,
Washington, DC 20044–4412.
• Hand Delivery/Courier in Lieu of
Mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW., Suite
200–E, Washington, DC 20005.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
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18:16 Nov 25, 2009
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You may view copies of this notice,
Notice No. 100, and the comments we
receive on Notice No. 100 within Docket
No. TTB–2009–0005 at https://
www.regulations.gov. A direct link to
this docket is posted on the TTB Web
site at https://www.ttb.gov/
regulations_laws/all_rulemaking.shtml
under Notice No. 100. You also may
view copies of those documents by
appointment at the TTB Information
Resource Center, 1310 G Street, NW.,
Washington, DC 20220. Please call 202–
453–2270 to make an appointment.
Drafting Information
Michael Hoover of the Regulations
and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, drafted
this document.
Signed: November 23, 2009.
John J. Manfreda,
Administrator.
[FR Doc. E9–28366 Filed 11–25–09; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE INTERIOR
Gerry Isenberg, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW., Suite
200–E, Washington, DC 20220;
telephone 202–453–2097.
Office of Surface Mining Reclamation
and Enforcement
In Notice
No. 100, published in the Federal
Register on October 15, 2009 (74 FR
52937), the Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposed to
amend its regulations to clarify the
relationship between tax payment under
the Internal Revenue Code of 1986 and
drawback of tax under the Tariff Act of
1930. The proposal provides conforming
amendments to reflect proposed
Customs and Border Protection (CBP)
regulations stating that domestic
merchandise on which no tax is paid
under the Internal Revenue Code may
not be substituted for imported
merchandise for purposes of claims for
drawback of tax under the customs laws
and regulations. The proposed CBP
amendments to the customs regulations
in 19 CFR parts 113 and 191 also were
published in the Federal Register on
October 15, 2009, as Docket No.
USCBP–2009–0021 (74 FR 52928).
On November 8, 2009, TTB received
a letter from the American Petroleum
Institute (API) requesting a 30-day
extension of the comment period for
Notice No. 100. The API letter cited the
complexity of the proposed regulatory
changes since the proposal involved
both TTB and CBP regulations, the
complexity of the drawback issue,
which involves Constitutional issues
and various judicial decisions, and the
‘‘potential far reaching implication’’ of
the notice ‘‘to a wide range of industries
and parties.’’ API also noted that it was
submitting a similar request to CBP
regarding its October 15, 2009, proposed
rule.
Given the factors cited above, TTB
agrees that the comment period for
Notice No. 100 should be extended by
an additional 30 days. Therefore,
comments on Notice No. 100 are now
due on January 14, 2010.
Kentucky Regulatory Program
SUPPLEMENTARY INFORMATION:
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30 CFR Part 917
[KY–252–FOR; OSM–2009–0011]
AGENCY: Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on amendment.
SUMMARY: We are announcing receipt of
an amendment to the Kentucky
regulatory program (hereinafter, the
‘‘Kentucky program’’) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Kentucky
submitted revisions to its administrative
regulations pertaining to the disposal of
coal mine waste. Kentucky intends to
revise its program to be consistent with
the corresponding Federal regulations
and SMCRA.
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., December
28, 2009. If requested, we will hold a
public hearing on December 22, 2009.
We will accept requests to speak until
4 p.m., e.s.t., on December 14, 2009.
ADDRESSES: You may submit comments,
identified by ‘‘KY–252–FOR/Docket
Number OSM–2009–0011’’ by either of
the following two methods:
Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID:
OSM–2009–0011. If you would like to
submit comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and follow the
instructions.
E:\FR\FM\27NOP1.SGM
27NOP1
Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Proposed Rules
Mail/Hand Delivery/Courier: Joseph L.
Blackburn, Field Office Director,
Lexington Field Office, Office of Surface
Mining Reclamation and Enforcement,
2675 Regency Road, Lexington,
Kentucky 40503.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the ‘‘Public Comment Procedures’’
heading of the SUPPLEMENTARY
INFORMATION section in this document.
Docket: In addition to obtaining
copies of documents at https://
www.regulations.gov, you may also
obtain information at the addresses
listed below during normal business
hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSM’s Lexington Field
Office.
Joseph L. Blackburn, Field Office
Director, Lexington Field Office,
Office of Surface Mining Reclamation
and Enforcement, 2675 Regency Road,
Lexington, Kentucky 40503;
(859) 260–3900.
Department for Natural Resources, 2
Hudson Hollow, Frankfort, Kentucky
40601; Telephone:
(502) 564–6940.
FOR FURTHER INFORMATION CONTACT:
Joseph L. Blackburn, Telephone: (859)
260–3900. E-mail:
jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with PROPOSALS
I. Background on the Kentucky Program
II. Description of the Amendment
III. Public Comment Procedures
IV. 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 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 this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this 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
of the Kentucky program in the May 18,
1982, Federal Register (47 FR 21434).
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18:16 Nov 25, 2009
Jkt 220001
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. Description of the Submission
By electronic mail on March 11, 2009,
Kentucky sent us an informal
amendment pertaining to coal mine
waste disposal (Docket: OSM–2009–
0011). We reviewed the informal
submittal and by electronic mail dated
June 9, 2009, we informed Kentucky
that subject to formal review and public
comment the revisions proposed at 405
KAR 16:140 and 18:140 were consistent
with the counterpart Federal regulations
at 30 CFR 816.81(a) and 817.81(a)
(OSM–2009–0011). By letter dated
September 14, 2009, Kentucky sent us a
formal amendment to its program
pertaining to coal mine waste disposal
under SMCRA (30 U.S.C. 1201 et seq.)
(OSM–2009–0011). Kentucky was
responding to OSM’s 30 CFR 732.17(d)
letter dated May 27, 1977 (OSM–2009–
0011). In that letter, OSM referred to its
revised regulations at 30 CFR
816/817.81 that required that coal mine
waste be ‘‘hauled or conveyed’’ in a
controlled manner instead of ‘‘placed.’’
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.
405 KAR 16:140 Disposal of Coal
Mine Waste (surface mining) and 405
KAR 18:140 Disposal of Coal Mine
Waste (underground mining). Kentucky
proposes to make substantially identical
changes to both administrative
regulations. The revised regulations
reference EO2009–0538, effective June
12, 2009, which abolishes the
Environmental and Public Protection
Cabinet and establishes the new Energy
and Environment Cabinet. Throughout
the regulations, the term ‘‘coal
processing waste’’ is replaced by ‘‘coal
mine waste.’’ In Section 1, the phrase
‘‘transported and placed,’’ as it refers to
coal mine waste, is replaced by ‘‘hauled
and conveyed in a controlled (manner).’’
In Section 2, the term ‘‘registered
professional engineer’’ is replaced by
‘‘professional engineer.’’ Other minor
wording changes are made throughout
the regulations.
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 program.
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Written or Electronic Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final regulations will be those
that either involve personal experience
or include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent Tribal or Federal laws or
regulations, technical literature, or other
relevant publications. 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 included in the
docket for this rulemaking and
considered.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you may ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. We will not consider anonymous
comments.
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 December 14, 2009. If you
are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
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, that if
possible, 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.
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62268
Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Proposed Rules
Public Meeting
If there is only limited interest in
participating in a public hearing, we
may hold a public meeting rather than
a public hearing. If you wish to meet
with us to discuss the amendment,
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.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
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. However, these
standards are not applicable to the
actual language of State regulatory
programs and program amendments
because 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
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18:16 Nov 25, 2009
Jkt 220001
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.
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
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
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Fmt 4702
Sfmt 4702
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
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
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: October 15, 2009.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. E9–28368 Filed 11–25–09; 8:45 am]
BILLING CODE 4310–05–P
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Agencies
[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Proposed Rules]
[Pages 62266-62268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28368]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-252-FOR; OSM-2009-0011]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on amendment.
-----------------------------------------------------------------------
SUMMARY: We are announcing receipt of an amendment to the Kentucky
regulatory program (hereinafter, the ``Kentucky program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
Kentucky submitted revisions to its administrative regulations
pertaining to the disposal of coal mine waste. Kentucky intends to
revise its program to be consistent with the corresponding Federal
regulations and SMCRA.
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., December
28, 2009. If requested, we will hold a public hearing on December 22,
2009. We will accept requests to speak until 4 p.m., e.s.t., on
December 14, 2009.
ADDRESSES: You may submit comments, identified by ``KY-252-FOR/Docket
Number OSM-2009-0011'' by either of the following two methods:
Federal eRulemaking Portal: https://www.regulations.gov. The
proposed rule has been assigned Docket ID: OSM-2009-0011. If you would
like to submit comments through the Federal eRulemaking Portal, go to
https://www.regulations.gov and follow the instructions.
[[Page 62267]]
Mail/Hand Delivery/Courier: Joseph L. Blackburn, Field Office
Director, Lexington Field Office, Office of Surface Mining Reclamation
and Enforcement, 2675 Regency Road, Lexington, Kentucky 40503.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION section
in this document.
Docket: In addition to obtaining copies of documents at https://www.regulations.gov, you may also obtain information at the addresses
listed below during normal business hours, Monday through Friday,
excluding holidays. You may receive one free copy of the amendment by
contacting OSM's Lexington Field Office.
Joseph L. Blackburn, Field Office Director, Lexington Field Office,
Office of Surface Mining Reclamation and Enforcement, 2675 Regency
Road, Lexington, Kentucky 40503; (859) 260-3900.
Department for Natural Resources, 2 Hudson Hollow, Frankfort, Kentucky
40601; Telephone: (502) 564-6940.
FOR FURTHER INFORMATION CONTACT: Joseph L. Blackburn, Telephone: (859)
260-3900. E-mail: jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Amendment
III. Public Comment Procedures
IV. 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 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 this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this 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 of
the Kentucky program in the May 18, 1982, Federal Register (47 FR
21434). 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. Description of the Submission
By electronic mail on March 11, 2009, Kentucky sent us an informal
amendment pertaining to coal mine waste disposal (Docket: OSM-2009-
0011). We reviewed the informal submittal and by electronic mail dated
June 9, 2009, we informed Kentucky that subject to formal review and
public comment the revisions proposed at 405 KAR 16:140 and 18:140 were
consistent with the counterpart Federal regulations at 30 CFR 816.81(a)
and 817.81(a) (OSM-2009-0011). By letter dated September 14, 2009,
Kentucky sent us a formal amendment to its program pertaining to coal
mine waste disposal under SMCRA (30 U.S.C. 1201 et seq.) (OSM-2009-
0011). Kentucky was responding to OSM's 30 CFR 732.17(d) letter dated
May 27, 1977 (OSM-2009-0011). In that letter, OSM referred to its
revised regulations at 30 CFR 816/817.81 that required that coal mine
waste be ``hauled or conveyed'' in a controlled manner instead of
``placed.'' 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.
405 KAR 16:140 Disposal of Coal Mine Waste (surface mining) and 405
KAR 18:140 Disposal of Coal Mine Waste (underground mining). Kentucky
proposes to make substantially identical changes to both administrative
regulations. The revised regulations reference EO2009-0538, effective
June 12, 2009, which abolishes the Environmental and Public Protection
Cabinet and establishes the new Energy and Environment Cabinet.
Throughout the regulations, the term ``coal processing waste'' is
replaced by ``coal mine waste.'' In Section 1, the phrase ``transported
and placed,'' as it refers to coal mine waste, is replaced by ``hauled
and conveyed in a controlled (manner).'' In Section 2, the term
``registered professional engineer'' is replaced by ``professional
engineer.'' Other minor wording changes are made throughout the
regulations.
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 program.
Written or Electronic Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent Tribal or
Federal laws or regulations, technical literature, or other relevant
publications. 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 included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, be aware that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you may ask us in
your comment to withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so. We
will not consider anonymous comments.
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
December 14, 2009. If you are disabled and need reasonable
accommodations to attend a public hearing, contact the person listed
under 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, that if possible, 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.
[[Page 62268]]
Public Meeting
If there is only limited interest in participating in a public
hearing, we may hold a public meeting rather than a public hearing. If
you wish to meet with us to discuss the amendment, 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 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 because
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 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 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, which 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 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: October 15, 2009.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. E9-28368 Filed 11-25-09; 8:45 am]
BILLING CODE 4310-05-P