Kentucky Regulatory Program, 11796-11798 [2013-03779]

Download as PDF 11796 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules gross gaming revenue of the charitable gaming operation does not exceed $1,000,000. This Notice of Proposed Rulemaking proposes to amend § 547.5(e)(5) to change that amount from $1,000,000 to $3,000,000. At the same time the NIGC published the Minimum Technical Standards, it published Minimum Internal Control Standards for Class II Gaming (MICS). 77 FR 58707. Like the Technical Standards, the MICS exempt charitable gaming operations that earn less than a set threshold amount. The Commission increased that amount in the MICS from $1,000,000 to $3,000,000. The Commission proposes to amend § 547.5(e)(5) of the Technical Standards to harmonize the charitable gaming exemptions in the Technical Standards and MICS and ensure that the exemption for a ‘‘charitable gaming operation’’ is consistent throughout the NIGC’s regulations. III. Regulatory Matters Regulatory Flexibility Act The proposed rule will not have a significant impact on a substantial number of small entities as defined under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not considered to be small entities for the purposes of the Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act The proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. The rule does not have an effect on the economy of $100 million or more. The rule will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, local government agencies or geographic regions. Nor will the proposed rule have a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of the enterprises, to compete with foreign based enterprises. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Unfunded Mandate Reform Act The Commission, as an independent regulatory agency, is exempt from compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 U.S.C. 658(1). Takings In accordance with Executive Order 12630, the Commission has determined that the proposed rule does not have significant takings implications. A takings implication assessment is not required. VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 Civil Justice Reform DEPARTMENT OF THE INTERIOR In accordance with Executive Order 12988, the Commission has determined that the proposed rule does not unduly burden the judicial system and meets the requirements of § 3(a) and 3(b)(2) of the Order. Office of Surface Mining Reclamation and Enforcement National Environmental Policy Act The Commission has determined that the proposed rule does not constitute a major federal action significantly affecting the quality of the human environment and that no detailed statement is required pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq. Paperwork Reduction Act The information collection requirements contained in 25 CFR part 547 were previously approved by the Office of Management and Budget (OMB) as required by 44 U.S.C. 3501 et seq. and assigned OMB Control Number 3141–0007. List of Subjects in 25 CFR Part 547 Gambling; Indian—Indian lands; Indian—tribal government. For the reasons set forth in the preamble, the Commission proposes to revise 25 CFR part 547 as follows: PART 547—MINIMUM TECHNICAL STANDARDS FOR CLASS II GAMING SYSTEMS AND EQUIPMENT 1. The authority citation for part 547 continues to read as follows: ■ Authority: 25 U.S.C. 2706(b). 2. In § 547.5 paragraph (e)(5) is revised to read as follows: ■ § 547.5 How does a tribal government, TGRA, or tribal gaming operation comply with this part? * * * * * (e) * * * (5) The annual gross gaming revenue of the charitable gaming operation does not exceed $3,000,000. * * * * * Tracie L. Stevens, Chairwoman. Daniel J. Little, Associate Commissioner. [FR Doc. 2013–03670 Filed 2–19–13; 8:45 am] BILLING CODE 7565–01–P PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 30 CFR Part 917 [SPATS No.: KY–256–FOR] [Docket ID: OSM–2012–0014] Kentucky 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 Kentucky regulatory program (‘‘the Kentucky program’’) for surface coal mining and reclamation operations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky has revised its bonding regulations to satisfy, in part, the concerns included in a letter from OSM dated May 1, 2012, regarding bonding inadequacies. On May 4, 2012, Kentucky adopted the revisions as emergency regulations to avoid possible loss of its authority to enforce the part of the Kentucky program that pertains to establishment of reclamation bond amounts. Also on May 4, 2012, identical proposed revisions started the normal review process in Kentucky for changes to administrative regulations. On September 28, 2012, the Department for Natural Resources (DNR), which is a part of Kentucky’s Energy and Environment Cabinet (EEC), submitted to OSM the administrative bonding regulations as proposed amendments to its approved permanent regulatory program. SUMMARY: We will accept electronic or written comments on the proposed rules until 4:00 p.m., Eastern Time March 22, 2013. If requested, we will hold a public hearing on March 18, 2013. We will accept requests to speak until 4:00 p.m., local time on March 7, 2013. ADDRESSES: You may submit comments by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. The proposed rule has been assigned Docket ID: OSM– 2012–0014. Please follow the online instructions for submitting comments. • Mail/Hand Delivery/Courier: Mr. Robert S. Evans, Acting Field Office Director, Lexington Field Office, Office of Surface Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 40503. Please DATES: E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules include the rule identifiers (SPATS No. KY–256–FOR and Docket ID OSM– 2012–0014) with your comments. You may receive one free copy of the amendment by contacting the person listed under FOR FURTHER INFORMATION CONTACT. You also may review the amendment at the following addresses during normal business hours: Mr. Robert S. Evans, Acting Field Office Director, Lexington Field Office, Office of Surface Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 40503, Telephone: (859) 260–3900. Email: bevans@osmre.gov. Steve Hohmann, Commissioner, Kentucky Department for Natural Resources, 2 Hudson Hollow, Frankfort, Kentucky 40601, Telephone: (502) 564– 6940. FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Evans, Telephone: (859) 260– 3900. Email: bevans@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Kentucky Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Matters and Required Determinations wreier-aviles on DSK5TPTVN1PROD with PROPOSALS I. Background on the Kentucky Program The Secretary of the Interior conditionally approved the Kentucky regulatory 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 Proposed Amendment On May 1, 2012, in accordance with 30 CFR 733.12(b), we notified Kentucky’s Energy and Environment Cabinet (EEC) that we had reason to believe that Kentucky is not implementing, administering, enforcing, and maintaining the reclamation bond provisions of its approved program in a manner that ensured that the amount of the performance bond for each surface coal mining and reclamation operation is ‘‘sufficient to assure the completion of the reclamation plan if the work had to be performed by the regulatory authority in the event of forfeiture,’’ as required by section 509(a) of SMCRA. In response, EEC, which functions as the SMCRA regulatory authority in Kentucky, filed two emergency VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 regulations and modifications to two existing Kentucky administrative regulations regarding Kentucky’s bonding program with the Kentucky Legislative Research Commission on May 4, 2012. Under Kentucky law, the emergency regulations took effect on that date and remained in effect for 180 days. During that time, proposed revisions, that are identical to the emergency regulations, began the normal review process in Kentucky for changes to their administrative regulations. On September 28, 2012, the DNR submitted these proposed regulations to OSM that would revise their bonding administrative regulations in their approved permanent regulatory program. The September 28, 2012, submittal is the subject of this rulemaking and includes both the emergency regulation and three revised administrative regulations that propose revisions to the Kentucky bonding rules that the EEC originally submitted to us on May 7, 2012 (Docket ID OSM–2012–0014). The first emergency regulation, 405 KAR 10:011E, repeals the existing bonding regulations in 405 KAR 10:010 and 405 KAR 10:020. The second administrative regulation, 405 KAR 10:015 replaces the regulations repealed by 405 KAR 10:011E. This administrative regulation contains the provisions formerly located in 405 KAR 10:010 (except for Section 4), 405 KAR 10:020, and 405 KAR 10:030 Sections 2 and 3. In addition, 405 KAR 10:015 contain the following significant revisions to the previous regulations: • Section 6(2) allows the cabinet to use the reclamation costs submitted in the permit application to establish the bond amount required, if those costs are higher than the reclamation costs calculated by the cabinet. • Section 6(3) requires the cabinet to review bond amounts established in the regulations at a minimum of every two years to determine if those amounts are adequate after consideration of the impacts of inflation and increases in reclamation costs. • Section 7 increases minimum bond amounts to $75,000 for the entire surface area under one permit, $75,000 per increment for incrementally bonded permits, $50,000 for a permit or increment operating on previously mined areas, and $10,000 for underground mines that have only underground operations (no surface facilities). • Section 8 establishes new, increased bond amounts as follows: —$2,500 per acre and each fraction thereof for coal haul roads, other mine PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 11797 access roads, and mine management areas. —$7,500 per acre and each fraction thereof for refuse disposal areas. —$10,000 per acre and each fraction thereof for an embankment sediment control pond. Each pond must be measured separately if the pond is located off-bench downstream of the proposed mining or storage area. The cabinet also may apply this rate to partial embankment structures as deemed necessary to meet the requirements of Section 6(1) of 405 KAR 10:015. —$3,500 per acre and each fraction thereof for coal preparation plants. In addition, the bond amount must include the costs associated with demolition and disposal of concrete, masonry, steel, timber, and other materials associated with surface coal mining and reclamation operations. —$2,000 per acre and each fraction thereof for operations on previously mined areas. —$3,500 per acre and each fraction thereof for all areas not otherwise addressed in 405 KAR 10:015 Section 8. —For permits with substandard drainage that require long-term treatment, the cabinet must calculate and the permittee must post an additional bond amount based on the annual treatment cost provided by the permittee, multiplied by twenty years. In lieu of posting this additional bond amount, the permittee may submit a satisfactory reclamation and remediation plan for the areas producing the substandard drainage. This administrative regulation also moves the supplemental assurance requirements previously located at 405 KAR 16:020 Section 6 to 405 KAR 10:015 Section 11 and increases the supplemental assurance amount from $50,000 to $150,000. The proposed amendment also includes several proposed rule reorganizations. These changes include the transfer of 405 KAR 10:010 Section 4 to 405 KAR 10:030 Section 1, the transfer of 405 KAR 10:030 Section 4 to 405 KAR 10:030 Section 2, and the transfer of 405 KAR 10:010 Section 5 to 405 KAR 10:030 Section 3. Lastly, the Legislative Research Commission made suggested amendments which are not intended to change the meaning of the administrative regulations but rather clarify content or are made simply to make the regulation comply with KRS 13A drafting requirements. III. Public Comment Procedures As discussed above, the proposed amendment that Kentucky submitted on E:\FR\FM\20FEP1.SGM 20FEP1 11798 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Proposed Rules May 4, 2012, includes both emergency and non-emergency proposed regulations that revise their bonding regulations. We invite you to comment on both the emergency and nonemergency provisions of this proposed amendment. Specifically, under 30 CFR 732.17(h), we seek your comments on whether the provisions of this amendment meet the applicable regulatory program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments Send your written comments to OSM using one of the methods described under ADDRESSES. Please include the Docket ID ‘‘OSM–2012–0014’’ at the beginning of all comments. Your comments should be specific, pertain only to the Kentucky amendment discussed in this rulemaking, and include explanations in support of your recommendations. We cannot ensure that comments received after the close of the comment period (see DATES) or at locations other than the Federal eRulemaking Portal or the OSM location listed in ADDRESSES will be included in the docket for this rulemaking or considered in the development of a final rule. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment–including your personal identifying information—may be made publicly available at any time. While you can 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. Public Hearing If you wish to speak at a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., Eastern Time), on March 7, 2013. If you are disabled and need reasonable accommodation 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 a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at a public hearing provide us with a written copy of his or her testimony. The public hearing will continue on the specified VerDate Mar<15>2010 14:24 Feb 19, 2013 Jkt 229001 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 or Teleconference If there is only limited interest in participating in a public hearing, we may hold a public meeting, in person or by teleconference, in place of 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 meetings will be open to the public and, if possible, we will post notice of meetings at the locations listed under ADDRESSES. We will include a written summary of each meeting in the administrative record. IV. Procedural Matters and Required Determinations. Executive Order 12866—Regulatory Planning and Review This rule is exempt 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 rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 917 Intergovernmental relations, Surface mining, Underground mining. Dated: January 11, 2013. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2013–03779 Filed 2–19–13; 8:45 am] BILLING CODE 4310–05–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–1084] RIN 1625–AA00 Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend and establish regulations requiring safety zones for firework events that take place annually within the Captain of the Port Zone Buffalo. This proposed rule is intended to amend and establish restrictions on vessel access to designated areas on U.S. navigable waterways during certain fireworks displays. The safety zones amended and established by this proposed rule are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays. DATES: Comments and related material must be received by the Coast Guard on or before March 22, 2013. ADDRESSES: You may submit comments identified by docket number USCG– 2012–1084 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Christopher Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector Buffalo; telephone (716) 843–9573, email SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, SUMMARY: E:\FR\FM\20FEP1.SGM 20FEP1

Agencies

[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Proposed Rules]
[Pages 11796-11798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03779]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[SPATS No.: KY-256-FOR] [Docket ID: OSM-2012-0014]


Kentucky Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Kentucky 
regulatory program (``the Kentucky program'') for surface coal mining 
and reclamation operations under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Kentucky has revised its 
bonding regulations to satisfy, in part, the concerns included in a 
letter from OSM dated May 1, 2012, regarding bonding inadequacies. On 
May 4, 2012, Kentucky adopted the revisions as emergency regulations to 
avoid possible loss of its authority to enforce the part of the 
Kentucky program that pertains to establishment of reclamation bond 
amounts. Also on May 4, 2012, identical proposed revisions started the 
normal review process in Kentucky for changes to administrative 
regulations. On September 28, 2012, the Department for Natural 
Resources (DNR), which is a part of Kentucky's Energy and Environment 
Cabinet (EEC), submitted to OSM the administrative bonding regulations 
as proposed amendments to its approved permanent regulatory program.

DATES: We will accept electronic or written comments on the proposed 
rules until 4:00 p.m., Eastern Time March 22, 2013. If requested, we 
will hold a public hearing on March 18, 2013. We will accept requests 
to speak until 4:00 p.m., local time on March 7, 2013.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. The 
proposed rule has been assigned Docket ID: OSM-2012-0014. Please follow 
the online instructions for submitting comments.
     Mail/Hand Delivery/Courier: Mr. Robert S. Evans, Acting 
Field Office Director, Lexington Field Office, Office of Surface Mining 
Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 
40503. Please

[[Page 11797]]

include the rule identifiers (SPATS No. KY-256-FOR and Docket ID OSM-
2012-0014) with your comments.
    You may receive one free copy of the amendment by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. You also may 
review the amendment at the following addresses during normal business 
hours:
    Mr. Robert S. Evans, Acting Field Office Director, Lexington Field 
Office, Office of Surface Mining Reclamation and Enforcement, 2675 
Regency Road, Lexington, Kentucky 40503, Telephone: (859) 260-3900. 
Email: bevans@osmre.gov.
    Steve Hohmann, Commissioner, Kentucky Department for Natural 
Resources, 2 Hudson Hollow, Frankfort, Kentucky 40601, Telephone: (502) 
564-6940.

FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Evans, Telephone: (859) 
260-3900. Email: bevans@osmre.gov.

SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Matters and Required Determinations

I. Background on the Kentucky Program

    The Secretary of the Interior conditionally approved the Kentucky 
regulatory 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 Proposed Amendment

    On May 1, 2012, in accordance with 30 CFR 733.12(b), we notified 
Kentucky's Energy and Environment Cabinet (EEC) that we had reason to 
believe that Kentucky is not implementing, administering, enforcing, 
and maintaining the reclamation bond provisions of its approved program 
in a manner that ensured that the amount of the performance bond for 
each surface coal mining and reclamation operation is ``sufficient to 
assure the completion of the reclamation plan if the work had to be 
performed by the regulatory authority in the event of forfeiture,'' as 
required by section 509(a) of SMCRA.
    In response, EEC, which functions as the SMCRA regulatory authority 
in Kentucky, filed two emergency regulations and modifications to two 
existing Kentucky administrative regulations regarding Kentucky's 
bonding program with the Kentucky Legislative Research Commission on 
May 4, 2012. Under Kentucky law, the emergency regulations took effect 
on that date and remained in effect for 180 days. During that time, 
proposed revisions, that are identical to the emergency regulations, 
began the normal review process in Kentucky for changes to their 
administrative regulations. On September 28, 2012, the DNR submitted 
these proposed regulations to OSM that would revise their bonding 
administrative regulations in their approved permanent regulatory 
program.
    The September 28, 2012, submittal is the subject of this rulemaking 
and includes both the emergency regulation and three revised 
administrative regulations that propose revisions to the Kentucky 
bonding rules that the EEC originally submitted to us on May 7, 2012 
(Docket ID OSM-2012-0014).
    The first emergency regulation, 405 KAR 10:011E, repeals the 
existing bonding regulations in 405 KAR 10:010 and 405 KAR 10:020. The 
second administrative regulation, 405 KAR 10:015 replaces the 
regulations repealed by 405 KAR 10:011E. This administrative regulation 
contains the provisions formerly located in 405 KAR 10:010 (except for 
Section 4), 405 KAR 10:020, and 405 KAR 10:030 Sections 2 and 3. In 
addition, 405 KAR 10:015 contain the following significant revisions to 
the previous regulations:
     Section 6(2) allows the cabinet to use the reclamation 
costs submitted in the permit application to establish the bond amount 
required, if those costs are higher than the reclamation costs 
calculated by the cabinet.
     Section 6(3) requires the cabinet to review bond amounts 
established in the regulations at a minimum of every two years to 
determine if those amounts are adequate after consideration of the 
impacts of inflation and increases in reclamation costs.
     Section 7 increases minimum bond amounts to $75,000 for 
the entire surface area under one permit, $75,000 per increment for 
incrementally bonded permits, $50,000 for a permit or increment 
operating on previously mined areas, and $10,000 for underground mines 
that have only underground operations (no surface facilities).
     Section 8 establishes new, increased bond amounts as 
follows:

--$2,500 per acre and each fraction thereof for coal haul roads, other 
mine access roads, and mine management areas.
--$7,500 per acre and each fraction thereof for refuse disposal areas.
--$10,000 per acre and each fraction thereof for an embankment sediment 
control pond. Each pond must be measured separately if the pond is 
located off-bench downstream of the proposed mining or storage area. 
The cabinet also may apply this rate to partial embankment structures 
as deemed necessary to meet the requirements of Section 6(1) of 405 KAR 
10:015.
--$3,500 per acre and each fraction thereof for coal preparation 
plants. In addition, the bond amount must include the costs associated 
with demolition and disposal of concrete, masonry, steel, timber, and 
other materials associated with surface coal mining and reclamation 
operations.
--$2,000 per acre and each fraction thereof for operations on 
previously mined areas.
--$3,500 per acre and each fraction thereof for all areas not otherwise 
addressed in 405 KAR 10:015 Section 8.
--For permits with substandard drainage that require long-term 
treatment, the cabinet must calculate and the permittee must post an 
additional bond amount based on the annual treatment cost provided by 
the permittee, multiplied by twenty years. In lieu of posting this 
additional bond amount, the permittee may submit a satisfactory 
reclamation and remediation plan for the areas producing the 
substandard drainage.

    This administrative regulation also moves the supplemental 
assurance requirements previously located at 405 KAR 16:020 Section 6 
to 405 KAR 10:015 Section 11 and increases the supplemental assurance 
amount from $50,000 to $150,000.
    The proposed amendment also includes several proposed rule 
reorganizations. These changes include the transfer of 405 KAR 10:010 
Section 4 to 405 KAR 10:030 Section 1, the transfer of 405 KAR 10:030 
Section 4 to 405 KAR 10:030 Section 2, and the transfer of 405 KAR 
10:010 Section 5 to 405 KAR 10:030 Section 3. Lastly, the Legislative 
Research Commission made suggested amendments which are not intended to 
change the meaning of the administrative regulations but rather clarify 
content or are made simply to make the regulation comply with KRS 13A 
drafting requirements.

III. Public Comment Procedures

    As discussed above, the proposed amendment that Kentucky submitted 
on

[[Page 11798]]

May 4, 2012, includes both emergency and non-emergency proposed 
regulations that revise their bonding regulations. We invite you to 
comment on both the emergency and non-emergency provisions of this 
proposed amendment. Specifically, under 30 CFR 732.17(h), we seek your 
comments on whether the provisions of this amendment meet the 
applicable regulatory program approval criteria of 30 CFR 732.15. If we 
approve the amendment, it will become part of the State program.

Electronic or Written Comments

    Send your written comments to OSM using one of the methods 
described under ADDRESSES. Please include the Docket ID ``OSM-2012-
0014'' at the beginning of all comments. Your comments should be 
specific, pertain only to the Kentucky amendment discussed in this 
rulemaking, and include explanations in support of your 
recommendations. We cannot ensure that comments received after the 
close of the comment period (see DATES) or at locations other than the 
Federal eRulemaking Portal or the OSM location listed in ADDRESSES will 
be included in the docket for this rulemaking or considered in the 
development of a final rule.

Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment-including your personal identifying 
information--may be made publicly available at any time. While you can 
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.

Public Hearing

    If you wish to speak at a public hearing, contact the person listed 
under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., Eastern Time), on 
March 7, 2013. If you are disabled and need reasonable accommodation 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 a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her testimony. 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 or Teleconference

    If there is only limited interest in participating in a public 
hearing, we may hold a public meeting, in person or by teleconference, 
in place of 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 meetings will be open to the 
public and, if possible, we will post notice of meetings at the 
locations listed under ADDRESSES. We will include a written summary of 
each meeting in the administrative record.

IV. Procedural Matters and Required Determinations.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempt 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 rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

     Dated: January 11, 2013.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2013-03779 Filed 2-19-13; 8:45 am]
BILLING CODE 4310-05-P