Kentucky Regulatory Program, 34888-34890 [2012-14310]
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34888
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
has also been determined that 5 U.S.C.
553(b) does not apply to these
regulations. These regulations do not
impose a collection of information.
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. chapter 6), it is hereby
certified that this regulation will not
have a significant economic impact on
a substantial number of small entities.
The complexity and cost of a transaction
to which section 7874 may apply make
it unlikely that a substantial number of
small entities will engage in such a
transaction. In addition, any economic
impact to entities affected by section
7874, large or small, is derived from the
operation of the statute or its intended
application, and not from the temporary
regulations. Pursuant to section 7805(f)
of the Code, these regulations have been
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
Comments and Requests for a Public
Hearing
Drafting Information
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The principal authors of these
proposed regulations are Mary W. Lyons
and David A. Levine of the Office of
Associate Chief Counsel (International).
However, other personnel from the IRS
and the Treasury Department
participated in their development.
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
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Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.7874–3 is also issued under 26
U.S.C. 7874(c)(6) and (g). * * *
Par. 2. Section 1.7874–3 is added to
read as follows:
§ 1.7874–3
Substantial business activities.
[The text of proposed § 1.7874–3 is
the same as the text of § 1.7874–3T
published elsewhere in this issue of the
Federal Register].
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2012–14238 Filed 6–7–12; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 917
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronic comments
that are submitted timely to the IRS. The
IRS and the Treasury Department
specifically request comments on the
clarity of the proposed rules and how
they can be made easier to understand.
All comments will be available for
public inspection and copying. A public
hearing will be scheduled if requested
in writing by any person who timely
submits written comments. If a public
hearing is scheduled, notice of the date,
time, and place for the public hearing
will be published in the Federal
Register.
List of Subjects in 26 CFR Part 1
PART 1—INCOME TAXES
[KY–255–FOR; OSM–2012–0004]
Kentucky Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing.
AGENCY:
We are announcing receipt of
a proposed amendment to the Kentucky
Regulatory Program (hereinafter, the
‘‘Kentucky program’’) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). On January
30, 2012, Kentucky submitted to OSM a
proposed Kentucky Administrative
Regulations (KAR) that authorizes
electronic notification of enforcement
documents.
SUMMARY:
We will accept written
comments until 4:00 p.m., e.s.t., July 12,
2012. If requested, we will hold a public
hearing on July 9, 2012. We will accept
requests to speak until 4:00 p.m., e.s.t.,
on June 27, 2012.
ADDRESSES: You may submit comments,
identified by ‘‘Docket Number OSM–
2012–0004’’ by either of the following
two methods:
Federal eRulemaking Portal:
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2012–0004. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
DATES:
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Frm 00035
Fmt 4702
Sfmt 4702
www.regulations.gov and follow the
instructions; or
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
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.
Steve Hohmann, Commissioner,
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. Email:
jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Proposed 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
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
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.
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II. Description of the Proposed
Amendment
On January 30, 2012, Kentucky
submitted a proposed program
amendment containing administrative
regulations regarding electronic
notification of enforcement documents.
These proposed changes are intended to
be cost saving measures that are as
effective, but not more stringent than
those required under SMCRA and the
Federal regulations. The substantial
changes to the administrative
regulations were in the service section,
Section 5, for both administrative
regulations. Also, the Legislative
Research Commission suggested
changes that are not intended to change
the meaning of the administrative
regulations but rather clarify content or
are made to make the regulation comply
with KRS 13A drafting requirements.
Below is a summary of Kentucky’s
proposed changes. The full text of the
amendment is available for you to read
at the locations listed above under
ADDRESSES or at www.regulations.gov.
1. 405 KAR 7:091 General Practice
Provisions
Section 4(1)(a), (b), (2)(b), and Section
6 (3) offer the option of using electronic
mail to submit documents. Although
there are no specific Federal
requirements governing electronic mail,
the general Federal counterparts to these
proposed revisions are in sections 518
and 525 of SMCRA, in 30 CFR Part 845,
and in 43 CFR 4.1100, 4.1200, and
4.1300.
In addition, the last sentence of 405
KAR 7:091, Section 2(1)(a), General
Provisions for Conducting
Administrative Hearings, is revised by
adding the phrase ‘‘that is not the result
of a lack of diligence on the part of the
corporate party or its counsel.’’ As
amended, the entire sentence states that:
‘‘The failure of a corporate party to
appear by counsel, without good cause
that is not the result of a lack of
diligence on the part of the corporate
party or its counsel shall be grounds for
default.’’ The Federal counterpart to this
provision is in 43 CFR 1.3.
2. 405 KAR 12:020 Enforcement
Section 5(2)(a)4, (3), (3)(a), (3)(b), and
(3)(c) offer the option of using electronic
mail to submit documents. Although
there are no specific Federal
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Jkt 226001
requirements governing electronic mail,
the general Federal counterparts to these
proposed revisions are in sections 521
and 525 of SMCRA, in 30 CFR Part 843,
and in 43 CFR 4.1100, 4.1200 and
4.1300.
In addition, 405 KAR 12:020. Section
2(5), is modified by adding the phrase
‘‘including correction of errors, changes
in responsible parties, changes to
remedial measures, and changes in
abatement dates.’’ As amended, Section
2(5) states that ‘‘[a]n authorized
representative of the cabinet may, by
written notice, modify an order for
remedial measures for good cause
including correction of errors, changes
in responsible parties, changes to
remedial measures, and changes in
abatement dates.’’ While this provision
has no specific Federal counterpart, the
general Federal counterparts are in
section 521 of SMCRA and in 30 CFR
843.12.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the Kentucky
program now satisfies the applicable
program approval criteria of 30 CFR
732.15. If we approve these revisions,
they will become part of the Kentucky
program.
Written or Electronic Comments
If you submit written comments they
should be specific and 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
state 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 and
considered in the docket for this
rulemaking.
Public Availability of Comments
Before including your address, phone
number, email 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
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34889
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
4:00 p.m., e.s.t. on June 27, 2012. 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.
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 this 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 include a written summary of each
meeting as part of the administrative
record.
IV. Procedural Determinations
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.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
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34890
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Proposed Rules
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 26, 2012.
Thomas D. Shope,
Regional Director Appalachian Region.
[FR Doc. 2012–14310 Filed 6–11–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 936
[SATS No. OK–034–FOR; Docket ID OSM–
2012–0008]
Oklahoma Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of a
proposed amendment to the Oklahoma
regulatory program (Oklahoma program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Oklahoma proposes revisions to its
regulations regarding: Definitions;
review of permit applications; general
provisions for review of permit
application information and entry of
information into AVS; review of
applicant, operator, and ownership and
control information; review of permit
history; review of compliance history;
permit eligibility determination;
unanticipated events or conditions at
remining sites; eligibility for
provisionally issued permits; written
findings for permit application
approval; performance bond submittal;
initial review and finding requirements
for improvidently issued permits; notice
requirements for improvidently issued
permits; suspension or rescission
requirements for improvidently issued
permits; who may challenge ownership
or control listings and findings; how to
challenge an owner and controller
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SUMMARY:
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listing or finding; burden of proof for
ownership or control challenges; written
agency decision on challenges to
ownership or control listings or
findings; post-permit issuance
requirements for regulatory authorities
and other actions based on ownership,
control, and violation information; postpermit issuance information
requirements for permittees; transfer,
assignment, or sale of permit rights;
certifying and updating existing permit
application information; providing
applicant and operator information;
providing permit history information;
providing property interest information;
providing violation information;
facilities or structures used in common;
hydrologic balance—siltation structures;
cessation orders; alternative
enforcement—general provisions;
criminal penalties; and civil actions for
relief. Oklahoma intends to revise its
program to be no less effective than the
Federal regulations and to improve
operational efficiency.
This document gives the times and
locations that the Oklahoma program
and this proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., c.d.t., July 12, 2012. If requested,
we will hold a public hearing on the
amendment on July 9, 2012. We will
accept requests to speak at a hearing
until 4:00 p.m., c.d.t. on June 27, 2012.
ADDRESSES: You may submit comments,
identified by SATS No. OK–034–FOR,
by any of the following methods:
• Mail/Hand Delivery: Alfred L.
Clayborne, Director, Tulsa Field Office,
Office of Surface Mining Reclamation
and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma
74128–4629.
• Fax: (918) 581–6419.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Oklahoma program,
this amendment, a listing of any
scheduled public hearings, and all
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Fmt 4702
Sfmt 4702
written comments received in response
to this document, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSM’s Tulsa Field Office or
the full text of the program amendment
is available for you to read at
www.regulations.gov.
Alfred L. Clayborne, Director, Tulsa
Field Office, Office of Surface Mining
Reclamation and Enforcement, 1645
South 101st East Avenue, Suite 145,
Tulsa, Oklahoma 74128–4629,
Telephone: (918) 581–6430, Email:
aclayborne@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Oklahoma Department of Mines, 2915
N. Classen Blvd., Suite 213, Oklahoma
City, Oklahoma 73106–5406,
Telephone: (405) 427–3859.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Oklahoma
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, ‘‘* * *
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 Oklahoma
program on January 19, 1981. You can
find background information on the
Oklahoma program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval of the Oklahoma program in
the January 19, 1981, Federal Register
(46 FR 4902). You can also find later
actions concerning the Oklahoma
program and program amendments at 30
CFR 936.10, 936.15, and 936.16.
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Agencies
[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34888-34890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14310]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-255-FOR; OSM-2012-0004]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: We are announcing receipt of a proposed amendment to the
Kentucky Regulatory Program (hereinafter, the ``Kentucky program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or
the Act). On January 30, 2012, Kentucky submitted to OSM a proposed
Kentucky Administrative Regulations (KAR) that authorizes electronic
notification of enforcement documents.
DATES: We will accept written comments until 4:00 p.m., e.s.t., July
12, 2012. If requested, we will hold a public hearing on July 9, 2012.
We will accept requests to speak until 4:00 p.m., e.s.t., on June 27,
2012.
ADDRESSES: You may submit comments, identified by ``Docket Number OSM-
2012-0004'' by either of the following two methods:
Federal eRulemaking Portal: www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM-2012-0004. If you would like to submit
comments through the Federal eRulemaking Portal, go to
www.regulations.gov and follow the instructions; or
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
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.
Steve Hohmann, Commissioner, 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. Email: jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Proposed 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
[[Page 34889]]
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 Proposed Amendment
On January 30, 2012, Kentucky submitted a proposed program
amendment containing administrative regulations regarding electronic
notification of enforcement documents. These proposed changes are
intended to be cost saving measures that are as effective, but not more
stringent than those required under SMCRA and the Federal regulations.
The substantial changes to the administrative regulations were in the
service section, Section 5, for both administrative regulations. Also,
the Legislative Research Commission suggested changes that are not
intended to change the meaning of the administrative regulations but
rather clarify content or are made to make the regulation comply with
KRS 13A drafting requirements.
Below is a summary of Kentucky's proposed changes. The full text of
the amendment is available for you to read at the locations listed
above under ADDRESSES or at www.regulations.gov.
1. 405 KAR 7:091 General Practice Provisions
Section 4(1)(a), (b), (2)(b), and Section 6 (3) offer the option of
using electronic mail to submit documents. Although there are no
specific Federal requirements governing electronic mail, the general
Federal counterparts to these proposed revisions are in sections 518
and 525 of SMCRA, in 30 CFR Part 845, and in 43 CFR 4.1100, 4.1200, and
4.1300.
In addition, the last sentence of 405 KAR 7:091, Section 2(1)(a),
General Provisions for Conducting Administrative Hearings, is revised
by adding the phrase ``that is not the result of a lack of diligence on
the part of the corporate party or its counsel.'' As amended, the
entire sentence states that: ``The failure of a corporate party to
appear by counsel, without good cause that is not the result of a lack
of diligence on the part of the corporate party or its counsel shall be
grounds for default.'' The Federal counterpart to this provision is in
43 CFR 1.3.
2. 405 KAR 12:020 Enforcement
Section 5(2)(a)4, (3), (3)(a), (3)(b), and (3)(c) offer the option
of using electronic mail to submit documents. Although there are no
specific Federal requirements governing electronic mail, the general
Federal counterparts to these proposed revisions are in sections 521
and 525 of SMCRA, in 30 CFR Part 843, and in 43 CFR 4.1100, 4.1200 and
4.1300.
In addition, 405 KAR 12:020. Section 2(5), is modified by adding
the phrase ``including correction of errors, changes in responsible
parties, changes to remedial measures, and changes in abatement
dates.'' As amended, Section 2(5) states that ``[a]n authorized
representative of the cabinet may, by written notice, modify an order
for remedial measures for good cause including correction of errors,
changes in responsible parties, changes to remedial measures, and
changes in abatement dates.'' While this provision has no specific
Federal counterpart, the general Federal counterparts are in section
521 of SMCRA and in 30 CFR 843.12.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the Kentucky program now satisfies the applicable
program approval criteria of 30 CFR 732.15. If we approve these
revisions, they will become part of the Kentucky program.
Written or Electronic Comments
If you submit written comments they should be specific and 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 state 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 and considered in the
docket for this rulemaking.
Public Availability of Comments
Before including your address, phone number, email 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 4:00 p.m., e.s.t. on
June 27, 2012. 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.
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 this 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 include a written summary of each meeting as part of the
administrative record.
IV. Procedural Determinations
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.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
[[Page 34890]]
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 26, 2012.
Thomas D. Shope,
Regional Director Appalachian Region.
[FR Doc. 2012-14310 Filed 6-11-12; 8:45 am]
BILLING CODE 4310-05-P