Kentucky Regulatory Program, 58053-58056 [2012-23063]
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Proposed Rules
reducing the cost impact on affected
individuals. We do not control warranty
coverage for affected individuals. As a
result, we have included all costs in our
cost estimate.
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Authority for This Rulemaking
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PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
GA 8 Airvan (Pty) Ltd: Docket No. FAA–
2012–1007; Directorate Identifier 2012–
CE–031–AD.
(a) Comments Due Date
We must receive comments by November
5, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to GA 8 Airvan (Pty) Ltd
Models GA8 and GA8–TC320 airplanes, all
serial numbers, certificated in any category.
(d) Subject
Air Transport Association of America
(ATA) Code 30, Ice and Rain Protection.
(e) Reason
This AD was prompted by burnt electrical
connectors leading to the left-hand wingtip
pitot heater, which may result in loss of air
speed indication. We are issuing this
proposed AD to modify the pitot heat wiring
on the left-hand wingtip with a terminal
block to prevent loss of heating to the pitot
system, which could result in loss of air
speed indication.
(f) Actions and Compliance
Unless already done, within the next 100
hours time-in-service or at the next annual
inspection, whichever occurs later, modify
the pitot heat wiring connector at the left
wingtip, following GippsAero Mandatory
Service Bulletin SB–GA8–2012–77, Issue 3,
dated March 23, 2012.
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4059; fax: (816) 329–
4090; email: doug.rudolph@faa.gov. Before
using any approved AMOC on any airplane
to which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
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58053
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, a federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
shall a person be subject to a penalty for
failure to comply with a collection of
information subject to the requirements of
the Paperwork Reduction Act unless that
collection of information displays a current
valid OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public reporting for
this collection of information is estimated to
be approximately 5 minutes per response,
including the time for reviewing instructions,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
be directed to the FAA at: 800 Independence
Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer,
AES–200.
(h) Related Information
Refer to MCAI Civil Aviation Safety
Authority AD/GA8/6, dated August 6, 2012;
and GippsAero Mandatory Service Bulletin
SB–GA8–2012–77, Issue 3, dated March 23,
2012, for related information. For service
information related to this AD, contact
Gippsland Aeronautics, Attn: Technical
Services, P.O. Box 881, Morwell Victoria
3840, Australia; telephone: + 61 03 5172
1200; fax: +61 03 5172 1201; Internet:
https://www.gippsaero.com/customersupport/technical-publications.aspx. You
may review copies of the referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA, call
(816) 329–4148.
Issued in Kansas City, Missouri, on
September 12, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2012–23051 Filed 9–18–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 917
[SATS No. KY–253–FOR; Docket ID: OSM–
2009–0014]
Kentucky Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; Removal of
Required Amendments; public comment
period and opportunity for public
hearing.
AGENCY:
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Proposed Rules
We are announcing our intent
to remove two required amendments to
the Kentucky regulatory program
(hereinafter, the ‘‘Kentucky program’’)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). As a result of OSM’s review of the
Kentucky program concerning its
regulations and procedures relating to
Ownership and Control, and Transfer,
Assignment or Sale of Permit Rights,
OSM has determined that two
previously required amendments can be
removed. Kentucky’s program with
regard to Ownership and Control, and
Transfer, Assignment, or Sale of Permit
Rights, is now consistent with the
corresponding Federal regulations and
SMCRA.
This document gives the times and
locations that the Kentucky program is
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 4:00 p.m., local time
October 19, 2012. If requested, we will
hold a public hearing on October 15,
2012. We will accept requests to speak
until 4:00 p.m., local time on October 4,
2012.
ADDRESSES: You may submit comments,
identified by ‘‘KY–253–FOR; Docket
Number OSM–2009–0014’’ by either of
the following two methods:
Federal eRulemaking Portal:
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2009–0014. If you would like to submit
comments through the Federal
eRulemaking Portal, go to
www.regulations.gov and follow the
instructions.
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 address listed
below during normal business hours,
Monday through Friday, excluding
holidays.
Joseph L. Blackburn, Field Office
Director, Lexington Field Office, Office
of Surface Mining Reclamation and
Enforcement, 2675 Regency Road,
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Lexington, Kentucky 40503, Telephone:
(859) 260–3902; Email:
jblackburn@osmre.gov.
FOR FURTHER INFORMATION CONTACT:
Joseph L. Blackburn, Telephone: (859)
260–3900. Email:
jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Background on the Ownership and Control
Rule
III. Description of OSM’s Proposed Action
IV. Public Comment Procedures
V. 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. Background on the Ownership and
Control Rule
OSM first promulgated final rules to
address Ownership and Control (O&C)
over 20 years ago. Since then, OSM has
published a series of changes to O&C
and related rules, some in response to
Federal Court decisions, culminating in
our latest rulemaking published on
December 3, 2007, which included
changes to our Transfer, Assignment, or
Sale (TAS) of Permit rights rules (72 FR
68000).
The Lexington Field Office conducted
an evaluation of the Kentucky
regulatory program pursuant to 30 CFR
732.17 in order to determine if any
changes were required. The Lexington
Field Office reviewed the Kentucky
program against all revisions to the
Federal regulations through July 1,
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2008, using a standard of ‘‘no less
effective than the Federal regulations in
meeting the requirements of the Act’’
(65 FR 79658). As a part of the
evaluation, the Lexington Field Office of
OSM conducted several meetings with
the Kentucky Department for Natural
Resources (KDNR). As a part of its
review, OSM considered whether the
program is currently being implemented
in accordance with the current Federal
regulations. Because OSM had issued
required amendments to KDNR prior to
the current final rulemaking, OSM
revisited the need for those required
amendments in light of the current
status of the Federal regulations. As a
result of that review, OSM is proposing
to remove the previously required
amendments as discussed below.
III. Description of OSM’s Proposed
Action
OSM is proposing removal of a
required amendment found at 30 CFR
917.16 (e) regarding the Kentucky
ownership and control regulations.
Previously, OSM reviewed a program
amendment submitted by Kentucky,
which among other things, proposed to
add a regulation which prohibited
‘‘* * * the issuance of a permit if the
applicant, operator or anyone who owns
or controls the applicant, controls or has
controlled any surface coal mining and
reclamation operation with a
demonstrated pattern of willful
violations of Kentucky Revised Statute
(KRS) chapter 350 and regulations
adopted pursuant thereto * * *’’ In a
Federal Register notice dated
September 23, 1991 (56 FR 47907), OSM
found the proposed 405 KAR 8:010
Section 13 (4)(c) to be less effective than
its Federal counterpart at 30 CFR 773.15
(b)(3) to the extent the proposal does not
include violations of Federal regulatory
programs and other State regulatory
programs. OSM disapproved the
proposed revisions and required
Kentucky to further amend its program
to correct the deficiencies identified.
OSM included a required program
amendment in its decision as follows:
30 CFR 917.16(e) By March 23, 1992,
Kentucky shall amend its rules at 405 KAR
8:010 section 13(4)(c) to include violations of
Federal regulatory programs and other State
regulatory programs, not just violations of
KRS chapter 350 and regulations adopted
thereto.
As a result of the recent review of the
current O&C program in Kentucky, we
have determined that KDNR interprets
405 KAR 8:010 Section 13 (4) in a
manner that is no less stringent than
SMCRA and no less effective than the
corresponding Federal regulations. In
our previous assessment, leading to the
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required amendment, OSM considered
only one regulation, which on its face
implied that KDNR might not consider
all violations. However, our recent
review determined that KDNR has been
interpreting these standards consistent
with the Federal regulations. When
reviewing the Kentucky program in
total, we tentatively determined that the
program is being interpreted such that
no permit will be issued to an applicant
who owns or controls operations with a
demonstrated pattern of willful
violations of the Kentucky program,
SMCRA, or any other surface coal
mining regulatory program, that are of
such nature and duration with such
resulting irreparable damage to the
environment as to indicate an intent not
to comply with the Kentucky program,
SMCRA, or with any other surface coal
mining regulatory program. For this
reason, we are proposing the removal of
the required amendment at 30 CFR
916.16(e).
In addition, OSM is proposing
removal of a required amendment found
at 30 CFR 917.16 (h) regarding the
Kentucky operator change revision
regulations. Previously OSM reviewed a
program amendment submitted by
Kentucky, which among other things,
proposed to add a regulation which
‘‘* * * established a new category of
permit revision for operator changes
that do not constitute a transfer,
assignment or sale of permit rights.’’
In a Federal Register dated January
12, 1993 (58 FR 3833), OSM determined
that the proposed change to 405 KAR
8:010 Section 20(6)(h) did not include
notification to OSM, nor did the
proposed rule require that the regulatory
authority be notified when the approved
change was consummated. OSM
disapproved the proposed revision and
required Kentucky to further amend its
program to correct the deficiencies
identified. OSM included a required
program amendment in its decision as
follows:
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30 CFR 917.16(h) By June 14, 1993, Kentucky
shall amend its rules at 405 KAR 8:010
Section 20(6)(h) by including OSM as one of
the parties to be notified of the cabinet’s
decision to approve or deny the application
for an operator change and to require that the
regulatory authority be notified when the
approved change is consummated.
OSM has historically interpreted the
Federal rules as meaning that changes in
the ‘‘operator’’ of a mine, as that term is
defined at 30 CFR 701.5, must be
processed as a TAS of permit
regulations. In the December 3, 2007,
Federal regulation (72 FR 68000) OSM
made changes to TAS, including
defining TAS as limited to ‘‘* * * a
change of a permittee * * *’’ (30 CFR
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701.5). Therefore, the Federal
regulations no longer consider a change
in the ‘‘operator’’ of a mine to fall under
the definition of TAS. Kentucky
continues to process a change in mine
operator in a manner similar to the
process developed for the TAS
applications. In addition, KDNR will
continue entering all data concerning a
revision of the mine operator in both
Applicant/Violator System (AVS) and
Kentucky Surface Mining Information
System (KYSMIS).
IV. 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 remove the required
amendments, the Kentucky program
will be approved as it is currently being
implemented.
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, 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
p.m., local time on October 4, 2012. If
you are disabled and need reasonable
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58055
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 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.
V. 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
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
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Proposed Rules
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 9, 2012.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2012–23063 Filed 9–18–12; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 924
[SATS No. MS–023–FOR; Docket No. OSM–
2012–0018]
Mississippi Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are announcing receipt of a
proposed amendment to the Mississippi
regulatory program (Mississippi
Program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Mississippi
proposes revisions to its regulations
regarding: definitions; identification of
interests; lands eligible for remining;
permit eligibility determination; review
of permit applications; eligibility for
provisionally issued permits; criteria for
permit approval or denial; initial review
and finding requirements for
improvidently issued permits; notice
requirements for improvidently issued
permits; suspension or rescission
requirements for improvidently issued
permits; unanticipated events or
conditions at remining sites; verification
of ownership or control application
information; who may challenge
ownership or control listings and
findings; how to challenge an
ownership or control 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; post-permit issuance
requirements for permittees; backfilling
and grading: previously mined areas;
and alternative enforcement.
Mississippi intends to revise its program
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to be no less effective than the Federal
regulations and to improve operational
efficiency.
This document gives the times and
locations of the Mississippi 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
p.m., c.d.t., October 19, 2012. If
requested, we will hold a public hearing
on the amendment on October 15, 2012.
We will accept requests to speak at a
hearing until 4 p.m., c.d.t. on October 4,
2012.
ADDRESSES: You may submit comments,
identified by SATS No. MS–023–FOR,
by any of the following methods:
• Mail/Hand Delivery: Sherry Wilson,
Director, Birmingham Field Office,
Office of Surface Mining Reclamation
and Enforcement, 135 Gemini Circle,
Suite 215, Homewood, Alabama 35209;
Telephone: (205) 290–7282
• Fax: (205) 290–7280
• 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 Mississippi
program, a listing of any scheduled
public hearings, and all written
comments received in response to this
document, you must go to the address
of our Birmingham Field Office listed
above during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting OSM’s
Birmingham Field Office or going to
www.regulations.gov.
Sherry Wilson, Director, Birmingham
Field Office, Office of Surface Mining
Reclamation and Enforcement, 135
Gemini Circle, Suite 215, Homewood,
Alabama 35209, Telephone: (205) 290–
7282, Email: swilson@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Mississippi Office of Geology,
Department of Environmental Quality,
700 N. State Street, Jackson, Mississippi
39202, Telephone: (601) 961–5519.
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FOR FURTHER INFORMATION CONTACT:
Sherry Wilson, Director, Birmingham
Field Office. Telephone: (205) 290–
7282. Email: swilson@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on Mississippi Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Mississippi
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 Mississippi
program effective September 4, 1980.
You can find background information
on the Mississippi program, including
the Secretary’s findings, the disposition
of comments, and the conditions of
approval of the Mississippi program in
the September 4, 1980, Federal Register
(45 FR 58520). You can also find later
actions concerning the Mississippi
program and program amendments at 30
CFR 924.10, 924.15, 924.16, and 924.17.
II. Description of the Proposed
Mississippi Amendment
By email dated July 26, 2012
(Administrative Record No. MS–0423),
Mississippi sent us an amendment to its
Program under SMCRA (30 U.S.C. 1201
et seq.). Mississippi submitted the
proposed amendment in response to a
September 30, 2009, letter
(Administrative Record No. MS–0420–
02) that OSM sent to Mississippi in
accordance with 30 CFR 732.17(c), with
an additional change submitted on its
own initiative. Below is a summary of
the changes proposed by Mississippi.
The full text of the program amendment
is available for you to read at the
locations listed above under ADDRESSES
or at www.regulations.gov.
Mississippi proposes to revise its
Surface Coal Mining Regulations in the
following sections:
A. Mississippi Surface Coal Mining
Regulations § 105. Definitions
Mississippi proposes to modify this
section by changing language, adding
new language, or deleting language for
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]]>Agencies
[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58053-58056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23063]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[SATS No. KY-253-FOR; Docket ID: OSM-2009-0014]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; Removal of Required Amendments; public comment
period and opportunity for public hearing.
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[[Page 58054]]
SUMMARY: We are announcing our intent to remove two required amendments
to the Kentucky regulatory program (hereinafter, the ``Kentucky
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). As a result of OSM's review of the Kentucky program
concerning its regulations and procedures relating to Ownership and
Control, and Transfer, Assignment or Sale of Permit Rights, OSM has
determined that two previously required amendments can be removed.
Kentucky's program with regard to Ownership and Control, and Transfer,
Assignment, or Sale of Permit Rights, is now consistent with the
corresponding Federal regulations and SMCRA.
This document gives the times and locations that the Kentucky
program is 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 4:00 p.m., local time
October 19, 2012. If requested, we will hold a public hearing on
October 15, 2012. We will accept requests to speak until 4:00 p.m.,
local time on October 4, 2012.
ADDRESSES: You may submit comments, identified by ``KY-253-FOR; Docket
Number OSM-2009-0014'' by either of the following two methods:
Federal eRulemaking Portal: www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM-2009-0014. If you would like to submit
comments through the Federal eRulemaking Portal, go to
www.regulations.gov and follow the instructions.
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 address
listed below during normal business hours, Monday through Friday,
excluding holidays.
Joseph L. Blackburn, Field Office Director, Lexington Field Office,
Office of Surface Mining Reclamation and Enforcement, 2675 Regency
Road, Lexington, Kentucky 40503, Telephone: (859) 260-3902; Email:
jblackburn@osmre.gov.
FOR FURTHER INFORMATION CONTACT: Joseph L. Blackburn, Telephone: (859)
260-3900. Email: jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Background on the Ownership and Control Rule
III. Description of OSM's Proposed Action
IV. Public Comment Procedures
V. 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. Background on the Ownership and Control Rule
OSM first promulgated final rules to address Ownership and Control
(O&C) over 20 years ago. Since then, OSM has published a series of
changes to O&C and related rules, some in response to Federal Court
decisions, culminating in our latest rulemaking published on December
3, 2007, which included changes to our Transfer, Assignment, or Sale
(TAS) of Permit rights rules (72 FR 68000).
The Lexington Field Office conducted an evaluation of the Kentucky
regulatory program pursuant to 30 CFR 732.17 in order to determine if
any changes were required. The Lexington Field Office reviewed the
Kentucky program against all revisions to the Federal regulations
through July 1, 2008, using a standard of ``no less effective than the
Federal regulations in meeting the requirements of the Act'' (65 FR
79658). As a part of the evaluation, the Lexington Field Office of OSM
conducted several meetings with the Kentucky Department for Natural
Resources (KDNR). As a part of its review, OSM considered whether the
program is currently being implemented in accordance with the current
Federal regulations. Because OSM had issued required amendments to KDNR
prior to the current final rulemaking, OSM revisited the need for those
required amendments in light of the current status of the Federal
regulations. As a result of that review, OSM is proposing to remove the
previously required amendments as discussed below.
III. Description of OSM's Proposed Action
OSM is proposing removal of a required amendment found at 30 CFR
917.16 (e) regarding the Kentucky ownership and control regulations.
Previously, OSM reviewed a program amendment submitted by Kentucky,
which among other things, proposed to add a regulation which prohibited
``* * * the issuance of a permit if the applicant, operator or anyone
who owns or controls the applicant, controls or has controlled any
surface coal mining and reclamation operation with a demonstrated
pattern of willful violations of Kentucky Revised Statute (KRS) chapter
350 and regulations adopted pursuant thereto * * *'' In a Federal
Register notice dated September 23, 1991 (56 FR 47907), OSM found the
proposed 405 KAR 8:010 Section 13 (4)(c) to be less effective than its
Federal counterpart at 30 CFR 773.15 (b)(3) to the extent the proposal
does not include violations of Federal regulatory programs and other
State regulatory programs. OSM disapproved the proposed revisions and
required Kentucky to further amend its program to correct the
deficiencies identified. OSM included a required program amendment in
its decision as follows:
30 CFR 917.16(e) By March 23, 1992, Kentucky shall amend its rules
at 405 KAR 8:010 section 13(4)(c) to include violations of Federal
regulatory programs and other State regulatory programs, not just
violations of KRS chapter 350 and regulations adopted thereto.
As a result of the recent review of the current O&C program in
Kentucky, we have determined that KDNR interprets 405 KAR 8:010 Section
13 (4) in a manner that is no less stringent than SMCRA and no less
effective than the corresponding Federal regulations. In our previous
assessment, leading to the
[[Page 58055]]
required amendment, OSM considered only one regulation, which on its
face implied that KDNR might not consider all violations. However, our
recent review determined that KDNR has been interpreting these
standards consistent with the Federal regulations. When reviewing the
Kentucky program in total, we tentatively determined that the program
is being interpreted such that no permit will be issued to an applicant
who owns or controls operations with a demonstrated pattern of willful
violations of the Kentucky program, SMCRA, or any other surface coal
mining regulatory program, that are of such nature and duration with
such resulting irreparable damage to the environment as to indicate an
intent not to comply with the Kentucky program, SMCRA, or with any
other surface coal mining regulatory program. For this reason, we are
proposing the removal of the required amendment at 30 CFR 916.16(e).
In addition, OSM is proposing removal of a required amendment found
at 30 CFR 917.16 (h) regarding the Kentucky operator change revision
regulations. Previously OSM reviewed a program amendment submitted by
Kentucky, which among other things, proposed to add a regulation which
``* * * established a new category of permit revision for operator
changes that do not constitute a transfer, assignment or sale of permit
rights.''
In a Federal Register dated January 12, 1993 (58 FR 3833), OSM
determined that the proposed change to 405 KAR 8:010 Section 20(6)(h)
did not include notification to OSM, nor did the proposed rule require
that the regulatory authority be notified when the approved change was
consummated. OSM disapproved the proposed revision and required
Kentucky to further amend its program to correct the deficiencies
identified. OSM included a required program amendment in its decision
as follows:
30 CFR 917.16(h) By June 14, 1993, Kentucky shall amend its rules at
405 KAR 8:010 Section 20(6)(h) by including OSM as one of the
parties to be notified of the cabinet's decision to approve or deny
the application for an operator change and to require that the
regulatory authority be notified when the approved change is
consummated.
OSM has historically interpreted the Federal rules as meaning that
changes in the ``operator'' of a mine, as that term is defined at 30
CFR 701.5, must be processed as a TAS of permit regulations. In the
December 3, 2007, Federal regulation (72 FR 68000) OSM made changes to
TAS, including defining TAS as limited to ``* * * a change of a
permittee * * *'' (30 CFR 701.5). Therefore, the Federal regulations no
longer consider a change in the ``operator'' of a mine to fall under
the definition of TAS. Kentucky continues to process a change in mine
operator in a manner similar to the process developed for the TAS
applications. In addition, KDNR will continue entering all data
concerning a revision of the mine operator in both Applicant/Violator
System (AVS) and Kentucky Surface Mining Information System (KYSMIS).
IV. 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 remove the required
amendments, the Kentucky program will be approved as it is currently
being implemented.
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, 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 p.m., local time on
October 4, 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 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.
V. 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
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
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rulemaking process and include them in the final rule.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 9, 2012.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2012-23063 Filed 9-18-12; 8:45 am]
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