Kentucky Regulatory Program, 21937-21941 [2021-08332]
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 917
[SATS No. KY–258–FOR; Docket No. OSM–
2015–0001; S1D1S SS08011000 SX064A000
212S180110; S2D2S SS08011000
SX064A000 21XS501520]
Kentucky Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving an amendment
to the Kentucky regulatory program (the
Kentucky program) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). The State
submitted proposed revisions to the
Kentucky Administrative Regulations
(KAR) that establish the requirements
for a permit applicant to demonstrate a
legal right of entry and right to mine on
land with severed surface and mineral
estates. Kentucky submitted this
proposed amendment to modify the
requirements for demonstrating legal
right of entry and right to mine on
proposed coal mines sites with severed
minerals.
DATES: The effective date is May 26,
2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Castle, Field Office Director,
Lexington Field Office, Office of Surface
Mining Reclamation and Enforcement,
2675 Regency Road, Lexington,
Kentucky 40503, Telephone: (859) 260–
3902, Email: MCastle@osmre.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background on the Kentucky Program
II. Submission of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
VI. Statutory and Executive Order Reviews
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, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. See 30
U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the
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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,
in the May 18, 1982 Federal Register
(47 FR 21404). You can also find later
actions concerning the Kentucky
program and program amendments at 30
CFR 917.11, 917.12, 917.13, 917.15,
917.16, and 917.17.
II. Submission of the Amendment
By letter dated January 29, 2015
(Administrative Record No. KY–2001),
the Kentucky Department for Natural
Resources (KYDNR) submitted to
OSMRE an amendment to the Kentucky
program under SMCRA. Kentucky
proposed to establish, as it relates to
underground mines, and amend, as it
relates to surface mines, permit
application requirements for an operator
seeking to mine land with severed
surface and mineral estates. Under the
existing rule, if there is no conveyance
expressly granting or reserving the right
to extract coal by surface mining
methods or no surface owner consent,
then the applicant is nonetheless able to
obtain a permit by submitting
documentation that, under applicable
state law, the applicant has the legal
authority to extract coal by those
methods. The additional, Kentucky
requirement found in the existing rule
–that the applicant also provide a copy
of the original instrument of severance
upon which the applicant bases his
right to extract coal by surface mining
methods—has been removed. Without
the additional Kentucky requirement
that Kentucky proposed to remove, the
rule now mirrors and is consistent with
Federal regulations.
We announced receipt of the
proposed amendment in the June 12,
2015, Federal Register (80 FR 33456). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the adequacy of the
amendment. The public comment
period ended on July 13, 2015. We did
not hold a public hearing or meeting
because one was not requested. We
received comments from one
commenter. Those comments are
addressed in the Public Comments
section, part IV, Summary and
Disposition of Comments, below.
III. OSMRE’s Findings
The following are the findings we
made concerning the proposed
Kentucky amendment under SMCRA
and the Federal regulations at 30 CFR
732.15 and 732.17, which govern
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21937
OSMRE approval of state programs and
program amendments. We are approving
the amendment as described below. The
full text of the approved amendment is
available online at https://
www.regulations.gov/.
SMCRA allows for state regulatory
authorities to promulgate rules no less
effective and no less stringent than the
Federal regulations. In addition, under
Ky. Rev. Stat. section 13A.120(1)(a)
(Promulgation of administrative
regulations—Prohibitions concerning
promulgations), administrative
regulations may be no more stringent
than Federal law or regulations.
Kentucky proposed to revise section
4(2) of 405 KAR 8:030 for surface coal
mining permits and to establish a new
section 4(2) in 405 KAR 8:040 for
underground coal mining permits. As
required by SMCRA, these regulations
would establish administrative
regulations that are as effective as, but
no less stringent than, those required
under Federal law.
In accordance with the KYDNR’s
stated intent, section 4(2) of 405 KAR
8:030 is being amended to modify a
permit applicant’s proof of legal right of
entry and right to mine requirements.
An identical provision is established as
section 4(2) of 405 KAR 8:040 relating
to underground mines. The amendment,
as approved, removes the language in
existing section 4(2)(c) (405 KAR 8:030),
which requires submission of a copy of
the original severance instrument as a
means to establish a legal right of entry
and right to mine the mineral estate. An
additional revision moves the existing
proviso, that the regulation does not
authorize the cabinet to adjudicate
property rights disputes, into a new
subsection, found at section 4(3), with
no modification to the existing
language.
We note that the language in section
4(2) of 405 KAR 8:030 and section 4(2)
of 405 KAR 8:040 is substantively
identical and, for this reason, this final
rule addresses them as one. Kentucky’s
proposed amendment language is also
substantively identical to that found in
30 CFR 778.15. However, the existing
version of section 4(2) in 405 KAR 8:030
requires an additional element that the
proposed version does not: It requires
each applicant to submit a copy of the
original instrument of severance upon
which the applicant bases his right of
entry and right to extract coal by surface
mining methods. This requirement does
not appear in SMCRA or its
implementing regulations and, as a
result, the existing provision imposes an
additional obligation than that which
SMCRA and its implementing
regulations require. This additional
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requirement in existing 405 KAR 8:030
makes it more stringent than 30 U.S.C.
1260(b)(6) and 30 CFR 778.15.
Kentucky’s proposed amendment
removes this additional requirement
from the existing State regulations at
405 KAR 8:030 and also ensures the
requirements of Ky. Rev. Stat. section
13A.120, that does not allow
administrative regulations to be more
stringent than the Federal law or
regulations, are conformed with.
We find that Kentucky’s proposed
amendment complies with the
requirement that state regulations be no
less stringent than and no less effective
than the Federal regulations found at 30
CFR 778.15. Therefore, we are
approving Kentucky’s proposed
amendment.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on this
amendment in a proposed rule
published in the Federal Register on
June 12, 2015 (80 FR 33456). OSMRE
received one set of comments from
Appalachian Citizens’ Law Center, Inc.
(ACLC) on July 13, 2015. Each of the
ACLC’s comments are summarized and
addressed below.
A. ACLC Comments Identifying
Submission Omissions and Deficiencies
The ACLC contends that OSMRE
cannot approve the proposed
amendment as Kentucky’s submission
is, according to ACLC, incomplete and
procedurally defective.
The ACLC contends that Kentucky’s
submission fails to acknowledge or
explain how the proposed amendment
would achieve the State’s intent of
‘‘clarify[ing] the process by which an
entity submits proof of right of entry
procedures on proposed coal mine sites
with severed minerals.’’ (Administrative
Record No. KY–2001). In addition, the
ACLC argues that the KYDNR’s
submission fails to explain what effect
the proposed changes would have in
administering the Kentucky program as
well as whether those proposed
changes, if approved, would render the
Kentucky program no less stringent than
SMCRA and no less effective than the
Federal regulations.
Further, the ACLC claims that
additional documentation, received
through information requests, identifies
the KYDNR’s actual intent in submitting
the proposed amendment. The ACLC
contends that the KYDNR has been
administering changes to its program,
without OSMRE’s approval, through
guidance referred to as the Kentucky
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Reclamation Advisory Memorandum, or
RAM–159.
OSMRE Response: The amendment to
Kentucky’s program modifies the
requirements that an applicant must
submit to demonstrate legal right of
entry and right to mine on proposed
coal mine sites with severed minerals.
The current version of section 4(2) of
405 KAR 8:030, is more stringent than
30 CFR 778.15 because it requires each
applicant to submit a copy of the
original instrument of severance upon
which the applicant bases his right of
entry and right to extract coal by surface
mining methods. The requirement to
submit a copy of the original instrument
of severance in the current Kentucky
regulations is not in SMCRA or in the
Federal regulations and is more
stringent than the Federal equivalents.
The changes to existing regulation
clearly remove the requirement that is
more stringent than Federal law. This
change is consistent with the Kentucky
law that requires its administrative
regulations to be no more stringent than
Federal laws or regulations. See Ky.
Rev. Stat. 13A.120(1)(a). Because section
4(2) of 405 KAR 8:030 as modified is
now substantively identical to the
Federal regulation at 30 CFR 778.15, we
find that it is no less stringent that
SMCRA and no less effective than the
Federal regulations.
We acknowledge the stated intent in
RAM–159. A RAM is intended to be ‘‘an
open correspondence from the
commissioner of the Department for
Natural Resources (DNR) to operators
and other interested persons that
provides information related to DNR’s
surface mining regulatory program.’’
RAM 159 does not modify state law but
is intended to provide the regulatory
authority with internal guidance for the
implementation of the State program.
Under 30 CFR 732.17, states are
required to submit changes to its laws
immediately as an amendment, but this
kind of internal guidance does not
change State law.
B. ACLC Comments Regarding
Interpretation of the State’s Proposed
Changes and Construction of SMCRA
Section 1260(b)(6)(A)–(C)
The ACLC contends that Kentucky’s
interpretation and proposed changes,
when read as a whole, would bring 30
U.S.C. 1260(b)(6)(A) and (C) into
conflict and remove language OSMRE
previously determined to meet the
requirements in 30 U.S.C. 1260(b)(6)(C).
By removing the requirement that an
application provide ‘‘the original
instrument of severance’’ under the
proposed section 4(2)(C), the ACLC
argues this change would create an
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unintended loophole. The ACLC states
that removing the language would
broaden the requirement in a manner
inconsistent with SMCRA, thereby
allowing the KYDNR to circumvent the
requirement to obtain written consent
from all surface owners. According to
the ACLC, this change would no longer
specify that state law is to be applied
only when determining the surfacesubsurface legal relationship, but would
instead allow the KYDNR to issue
SMCRA permits under subsection (c)
based upon a single surface owner’s
consent deemed as sufficient for right of
entry under state law. The ACLC cites
to the KYDNR’s RAM–159 as support
for this contention.
OSMRE Response: KYDNR’s RAM
161, dated June 25, 2015, updates and
modifies previously issued RAMs 159
and 160. RAM 161 explains how the
Division of Mine Permits will apply
those provisions of RAMs 159 and 160
relating to identification of property
ownership, to renewals, transfers and
mined out areas.
ACLC’s concern—that the change
brings 30 U.S.C. 1260(b)(6)(A) and
1260(b)(6)(C) into disharmony and
renders 30 U.S.C. 1260(b)(6)(A)
superfluous—ignores the plain language
of SMCRA and OSMRE’s implementing
regulation. 30 U.S.C. 1260(b)(6)(A), (B),
and (C) are presented in the disjunctive.
An applicant need only submit
documentation satisfying one of them. If
the applicant has the written consent
from the surface owner (i.e., subsection
A), then he or she need only submit
documentation reflecting that consent. If
the applicant has a conveyance that
expressly grants or reserves the right to
extract coal (i.e., subsection B), then he
or she need only submit that
documentation. If the applicant cannot
satisfy either A or B, then he or she may
proceed under subsection C, which
provides that if a conveyance does not
expressly grant the right to extract coal,
state law may be consulted. See M.L.
Johnson Family Properties, LLC v.
Bernhardt, 924 F.3d 842, 852 (6th Cir.
2019) (‘‘Reading the subsections
harmoniously, however, does not
mandate such a narrow interpretation of
subsection (C). An equally harmonious
interpretation is that when an applicant
has neither the consent of all surface
owners, as allowed under subsection
(A), nor an express conveyance, as
allowed under subsection (B), it may
establish a right to surface mine through
any other method ‘‘in accordance with
State law’’ under subsection (C). That
interpretation does not create any
inconsistencies between the three
subsections.’’).
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Consistent with 30 U.S.C.
1260(b)(6)(C), the Kentucky amendment
provides in section 4(2) of both
Kentucky regulations that if ‘‘the
conveyance does not expressly grant the
right to extract the coal by surface
mining methods,’’ then he or she may
submit ‘‘documentation that under
applicable state law, the applicant has
the legal authority to extract coal by
surface mining methods.’’ This presents
no conflict under Kentucky law, where
unanimous consent of the surface
holders is not required. M.L. Johnson
Family Properties, 924 F.3d at 852–853;
see also Johnson v. Environmental and
Public Protection Cabinet, 289 SW3d
216, 219–220 (Ky. App. 2009) (holding
that ‘‘a cotenant ha[s] the right to begin
strip mining operations on . . . property
despite objections from another
cotenant.’’). As stated above, subsection
(C) provides an applicant with an
alternate right of entry, which is
dependent on State law.
C. ACLC Argues the Proposed Revisions
Are Inconsistent With SMCRA’s
Legislative History
The ACLC contends that SMCRA’s
text and legislative history requires
determination of the ‘‘the surfacesubsurface legal relationship’’ in
accordance with state law. From this,
the commenter suggests that 30 CFR
778.15(b)(3) requires documentation
that under applicable State law, the
applicant has the legal authority to
extract the coal by those methods. The
ACLC states that Kentucky has no State
statute or regulation that requires
KYDNR to demand a demonstration that
‘‘the surface-subsurface legal relations’’
for the proposed permit area,
determined in accordance with
Kentucky law, implicitly authorizes the
mineral owner’s right to surface mine
the permit area.
OSMRE Response: The language of
the proposed amendment is
substantively identical to the
comparable Federal rule found in 30
CFR 778.15, and it is unambiguous.
Consulting the legislative history of the
regulation is therefore unnecessary. M.L.
Johnson Family Properties, 924 F.3d at
852–853 (‘‘The text of subsection (C),
then, is quite clear: When a conveyance
does not expressly grant the right to
surface mine, the regulatory authority
may rely on any state law to determine
whether the documents describing the
surface-subsurface legal relationship of
the severed estate grant such a right.
Because subsection (C) is plain and
unambiguous, our analysis ends where
it began: With the statutory text. We
need not consider Johnson’s lengthy
citations to conflicting legislative
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history.’’ (citation omitted)). Further, the
fact that the Kentucky regulation as
amended mirrors the Federal rule,
which itself tracks closely with the text
of the corresponding SMCRA provision,
is indicative that the amendment is no
less stringent than SMCRA and is no
less effective than the Federal
regulations.
Federal Agency Comments
On April 21, 2017, pursuant to 30
CFR 732.17(h)(11)(i) and section 503(b)
of SMCRA (30 U.S.C. 1253(b)), we
requested comments on the amendment
from various Federal agencies with an
actual or potential interest in the
Kentucky program (Administrative
Record No. KY–2002). We did not
receive any comments.
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to obtain a written
concurrence from EPA for those
provisions of the program amendment
that relate to air or water quality
standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et
seq.) or the Clean Air Act (42 U.S.C.
7401 et seq.). This proposed amendment
does not pertain to air or water quality
standards. Therefore, we did not ask
EPA to concur on the amendment.
However, on April 21, 2017, under 30
CFR 732.17(h)(11)(i), we requested
comments from the EPA on the
proposed amendment (Administrative
Record No. KY–2002). The EPA did not
respond to our request.
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on any proposed
amendment that may have an effect on
historic properties. On April 21, 2017,
we requested comments on Kentucky’s
proposed amendment (Administrative
Record No. KY–2002). We did not
receive any comments.
V. OSMRE’s Decision
Based on the above findings, we
approve Kentucky’s January 29, 2015
proposed amendments. To implement
this decision, we are amending the
Federal regulations, at 30 CFR part 917,
that codify decisions concerning the
Kentucky program. In accordance with
the Administrative Procedure Act (5
U.S.C. 553), this rule will take effect 30
days after the date of publication.
Section 503(a) of SMCRA (30 U.S.C.
1253(a)) requires that the State’s
program must demonstrate that the State
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21939
has the capability of carrying out the
provisions of the Act and meeting its
purposes. SMCRA requires consistency
of State and Federal standards.
VI. Statutory and Executive Order
Reviews
Executive Order 12630—Governmental
Actions and Interference With
Constitutionally Protected Property
Rights
This rule would not affect a taking of
private property or otherwise have
taking implications that would result in
public property being taken for
government use without just
compensation under the law. Therefore,
a takings implication assessment is not
required. This determination is based on
an analysis of the corresponding Federal
regulations.
Executive Orders 12866—Regulatory
Planning and Review and 13563—
Improving Regulation and Regulatory
Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
reviewed this rule as required by section
3(a) of Executive Order 12988. The
Department has determined that this
Federal Register document meets the
criteria of section 3 of Executive Order
12988, which is intended to ensure that
the agency review its legislation and
regulations to minimize litigation; and
that the agency’s legislation and
regulations provide a clear legal
standard for affected conduct, rather
than a general standard, and promote
simplification and burden reduction.
Because section 3 focuses on the quality
of Federal legislation and regulations,
the Department limited its review under
this Executive order to the quality of
this Federal Register document and to
changes to the Federal regulations. The
review under this Executive order did
not extend to the language of the State
regulatory program or to the program
amendment that Kentucky drafted.
Executive Order 13132—Federalism
This rule has potential federalism
implications as defined under Section
1(a) of Executive Order 13132.
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Executive Order 13132 directs agencies
to ‘‘grant the States the maximum
administrative discretion possible’’ with
respect to Federal statutes and
regulations administered by the States.
Kentucky, through its approved
regulatory program, implements and
administers SMCRA and its
implementing regulations at the state
level. This rule approves an amendment
to the Kentucky program submitted and
drafted by the State, and thus is
consistent with the direction to provide
maximum administrative discretion to
States.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
The Department of the Interior strives
to strengthen its government-togovernment relationship with Tribes
through a commitment to consultation
with Tribes and recognition of their
right to self-governance and tribal
sovereignty. We have evaluated this rule
under the Department’s consultation
policy and under the criteria in
Executive Order 13175 and have
determined that it has no substantial
direct effects on federally recognized
Tribes or on the distribution of power
and responsibilities between the Federal
Government and Tribes. Therefore,
consultation under the Department’s
tribal consultation policy is not
required. The basis for this
determination is that our decision is on
the Kentucky program, which does not
include Tribal lands or regulation of
activities on Tribal lands. Tribal lands
are regulated independently under the
applicable, approved Federal program.
Executive Order 13211—Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 requires
agencies to prepare a Statement of
Energy Effects for a rulemaking that is
(1) considered significant under
Executive Order 12866, and (2) likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
Because this rule is exempt from review
under Executive Order 12866 and is not
a significant energy action under the
definition in Executive Order 13211, a
Statement of Energy Effects is not
required.
Executive Order 13045—Protection of
Children From Environmental Health
Risks and Safety Risks
This rule is not subject to Executive
Order 13045 because this is not an
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economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
National Environmental Policy Act
Consistent with sections 501(a) and
702(d) of SMCRA (30 U.S.C. 1251(a) and
1292(d), respectively) and the U.S.
Department of the Interior Departmental
Manual, Part 516, section 13.5(A), State
program amendments are not major
Federal actions within the meaning of
section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C.
4332(2)(C)).
National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (15 U.S.C. 3701 et seq.) directs
OSMRE to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. (OMB Circular A–119 at p.
14). This action is not subject to the
requirements of section 12(d) of the
NTTAA because application of those
requirements would be inconsistent
with SMCRA.
Paperwork Reduction Act
This rule does not include requests
and requirements of an individual,
partnership, or corporation to obtain
information and report it to a Federal
agency. As this rule does not contain
information collection requirements, a
submission to the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.)
is not required.
Regulatory Flexibility Act
This rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). The State submittal, which is
the subject of this rule, is based upon
corresponding Federal regulations for
which an economic analysis was
prepared, and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
corresponding Federal regulations.
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Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based on an analysis of
the corresponding Federal regulations,
which were determined not to
constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
Tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or Tribal
governments or the private sector. This
determination is based on an analysis of
the corresponding Federal regulations,
which were determined not to impose
an unfunded mandate. Therefore, a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface
mining, Underground mining.
Thomas D. Shope,
Regional Director, North Atlantic—
Appalachian Region.
For the reasons set out in the
preamble, 30 CFR part 917 is amended
as set forth below:
PART 917—KENTUCKY
1. The authority citation for part 917
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 917.15 is amended in
paragraph (a) by adding an entry for
‘‘January 29, 2015’’ at the end of the
table to read as follows:
■
§ 917.15 Approval of Kentucky regulatory
program amendments.
(a) * * *
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Original amendment
submission date
Date of final publication
*
January 29, 2015 ...........
*
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April 26, 2021 ................
*
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[FR Doc. 2021–08332 Filed 4–23–21; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0523; FRL–10022–
35–Region 9]
Air Plan Approval; California; Feather
River Air Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Feather River
Air Quality Management District
(FRAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs) from surface
SUMMARY:
Local agency
3.14
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received two (2)
anonymous comments in support of the
rule.
III. EPA Action
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP. The August 1, 2014 version of Rule
3.14 replaces the previously approved
version of this rule in the SIP.
VerDate Sep<11>2014
16:01 Apr 23, 2021
Citation/description
*
*
*
*
Section 4(2) of 405 KAR 8:030, Section 4(2) of 405 KAR 8:040, related to Right of Entry.
preparation and clean-up operations.
We are approving a local rule that
regulates these emission sources under
the Clean Air Act (CAA or the Act).
DATES: This rule will be effective on
May 26, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0523. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
Rule #
FRAQMD ..............................
Jkt 253001
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4125 or by
email at vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On January 19, 2021 (86 FR 5086), the
EPA proposed to approve the following
rule into the California SIP.
Rule title
Amended
Surface Preparation and Clean-up .....................................
08/01/16 ..............
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
FRAQMD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Act. Accordingly, this action merely
PO 00000
21941
Frm 00025
Fmt 4700
Sfmt 4700
Submitted
01/24/17
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
E:\FR\FM\26APR1.SGM
26APR1
Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21937-21941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08332]
[[Page 21937]]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[SATS No. KY-258-FOR; Docket No. OSM-2015-0001; S1D1S SS08011000
SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Kentucky regulatory program
(the Kentucky program) under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA or the Act). The State submitted proposed revisions
to the Kentucky Administrative Regulations (KAR) that establish the
requirements for a permit applicant to demonstrate a legal right of
entry and right to mine on land with severed surface and mineral
estates. Kentucky submitted this proposed amendment to modify the
requirements for demonstrating legal right of entry and right to mine
on proposed coal mines sites with severed minerals.
DATES: The effective date is May 26, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Castle, Field Office
Director, Lexington Field Office, Office of Surface Mining Reclamation
and Enforcement, 2675 Regency Road, Lexington, Kentucky 40503,
Telephone: (859) 260-3902, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews
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, State laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
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, in the May 18, 1982 Federal
Register (47 FR 21404). You can also find later actions concerning the
Kentucky program and program amendments at 30 CFR 917.11, 917.12,
917.13, 917.15, 917.16, and 917.17.
II. Submission of the Amendment
By letter dated January 29, 2015 (Administrative Record No. KY-
2001), the Kentucky Department for Natural Resources (KYDNR) submitted
to OSMRE an amendment to the Kentucky program under SMCRA. Kentucky
proposed to establish, as it relates to underground mines, and amend,
as it relates to surface mines, permit application requirements for an
operator seeking to mine land with severed surface and mineral estates.
Under the existing rule, if there is no conveyance expressly granting
or reserving the right to extract coal by surface mining methods or no
surface owner consent, then the applicant is nonetheless able to obtain
a permit by submitting documentation that, under applicable state law,
the applicant has the legal authority to extract coal by those methods.
The additional, Kentucky requirement found in the existing rule -that
the applicant also provide a copy of the original instrument of
severance upon which the applicant bases his right to extract coal by
surface mining methods--has been removed. Without the additional
Kentucky requirement that Kentucky proposed to remove, the rule now
mirrors and is consistent with Federal regulations.
We announced receipt of the proposed amendment in the June 12,
2015, Federal Register (80 FR 33456). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. The public comment
period ended on July 13, 2015. We did not hold a public hearing or
meeting because one was not requested. We received comments from one
commenter. Those comments are addressed in the Public Comments section,
part IV, Summary and Disposition of Comments, below.
III. OSMRE's Findings
The following are the findings we made concerning the proposed
Kentucky amendment under SMCRA and the Federal regulations at 30 CFR
732.15 and 732.17, which govern OSMRE approval of state programs and
program amendments. We are approving the amendment as described below.
The full text of the approved amendment is available online at https://www.regulations.gov/.
SMCRA allows for state regulatory authorities to promulgate rules
no less effective and no less stringent than the Federal regulations.
In addition, under Ky. Rev. Stat. section 13A.120(1)(a) (Promulgation
of administrative regulations--Prohibitions concerning promulgations),
administrative regulations may be no more stringent than Federal law or
regulations.
Kentucky proposed to revise section 4(2) of 405 KAR 8:030 for
surface coal mining permits and to establish a new section 4(2) in 405
KAR 8:040 for underground coal mining permits. As required by SMCRA,
these regulations would establish administrative regulations that are
as effective as, but no less stringent than, those required under
Federal law.
In accordance with the KYDNR's stated intent, section 4(2) of 405
KAR 8:030 is being amended to modify a permit applicant's proof of
legal right of entry and right to mine requirements. An identical
provision is established as section 4(2) of 405 KAR 8:040 relating to
underground mines. The amendment, as approved, removes the language in
existing section 4(2)(c) (405 KAR 8:030), which requires submission of
a copy of the original severance instrument as a means to establish a
legal right of entry and right to mine the mineral estate. An
additional revision moves the existing proviso, that the regulation
does not authorize the cabinet to adjudicate property rights disputes,
into a new subsection, found at section 4(3), with no modification to
the existing language.
We note that the language in section 4(2) of 405 KAR 8:030 and
section 4(2) of 405 KAR 8:040 is substantively identical and, for this
reason, this final rule addresses them as one. Kentucky's proposed
amendment language is also substantively identical to that found in 30
CFR 778.15. However, the existing version of section 4(2) in 405 KAR
8:030 requires an additional element that the proposed version does
not: It requires each applicant to submit a copy of the original
instrument of severance upon which the applicant bases his right of
entry and right to extract coal by surface mining methods. This
requirement does not appear in SMCRA or its implementing regulations
and, as a result, the existing provision imposes an additional
obligation than that which SMCRA and its implementing regulations
require. This additional
[[Page 21938]]
requirement in existing 405 KAR 8:030 makes it more stringent than 30
U.S.C. 1260(b)(6) and 30 CFR 778.15. Kentucky's proposed amendment
removes this additional requirement from the existing State regulations
at 405 KAR 8:030 and also ensures the requirements of Ky. Rev. Stat.
section 13A.120, that does not allow administrative regulations to be
more stringent than the Federal law or regulations, are conformed with.
We find that Kentucky's proposed amendment complies with the
requirement that state regulations be no less stringent than and no
less effective than the Federal regulations found at 30 CFR 778.15.
Therefore, we are approving Kentucky's proposed amendment.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on this amendment in a proposed rule
published in the Federal Register on June 12, 2015 (80 FR 33456). OSMRE
received one set of comments from Appalachian Citizens' Law Center,
Inc. (ACLC) on July 13, 2015. Each of the ACLC's comments are
summarized and addressed below.
A. ACLC Comments Identifying Submission Omissions and Deficiencies
The ACLC contends that OSMRE cannot approve the proposed amendment
as Kentucky's submission is, according to ACLC, incomplete and
procedurally defective.
The ACLC contends that Kentucky's submission fails to acknowledge
or explain how the proposed amendment would achieve the State's intent
of ``clarify[ing] the process by which an entity submits proof of right
of entry procedures on proposed coal mine sites with severed
minerals.'' (Administrative Record No. KY-2001). In addition, the ACLC
argues that the KYDNR's submission fails to explain what effect the
proposed changes would have in administering the Kentucky program as
well as whether those proposed changes, if approved, would render the
Kentucky program no less stringent than SMCRA and no less effective
than the Federal regulations.
Further, the ACLC claims that additional documentation, received
through information requests, identifies the KYDNR's actual intent in
submitting the proposed amendment. The ACLC contends that the KYDNR has
been administering changes to its program, without OSMRE's approval,
through guidance referred to as the Kentucky Reclamation Advisory
Memorandum, or RAM-159.
OSMRE Response: The amendment to Kentucky's program modifies the
requirements that an applicant must submit to demonstrate legal right
of entry and right to mine on proposed coal mine sites with severed
minerals. The current version of section 4(2) of 405 KAR 8:030, is more
stringent than 30 CFR 778.15 because it requires each applicant to
submit a copy of the original instrument of severance upon which the
applicant bases his right of entry and right to extract coal by surface
mining methods. The requirement to submit a copy of the original
instrument of severance in the current Kentucky regulations is not in
SMCRA or in the Federal regulations and is more stringent than the
Federal equivalents. The changes to existing regulation clearly remove
the requirement that is more stringent than Federal law. This change is
consistent with the Kentucky law that requires its administrative
regulations to be no more stringent than Federal laws or regulations.
See Ky. Rev. Stat. 13A.120(1)(a). Because section 4(2) of 405 KAR 8:030
as modified is now substantively identical to the Federal regulation at
30 CFR 778.15, we find that it is no less stringent that SMCRA and no
less effective than the Federal regulations.
We acknowledge the stated intent in RAM-159. A RAM is intended to
be ``an open correspondence from the commissioner of the Department for
Natural Resources (DNR) to operators and other interested persons that
provides information related to DNR's surface mining regulatory
program.'' RAM 159 does not modify state law but is intended to provide
the regulatory authority with internal guidance for the implementation
of the State program. Under 30 CFR 732.17, states are required to
submit changes to its laws immediately as an amendment, but this kind
of internal guidance does not change State law.
B. ACLC Comments Regarding Interpretation of the State's Proposed
Changes and Construction of SMCRA Section 1260(b)(6)(A)-(C)
The ACLC contends that Kentucky's interpretation and proposed
changes, when read as a whole, would bring 30 U.S.C. 1260(b)(6)(A) and
(C) into conflict and remove language OSMRE previously determined to
meet the requirements in 30 U.S.C. 1260(b)(6)(C). By removing the
requirement that an application provide ``the original instrument of
severance'' under the proposed section 4(2)(C), the ACLC argues this
change would create an unintended loophole. The ACLC states that
removing the language would broaden the requirement in a manner
inconsistent with SMCRA, thereby allowing the KYDNR to circumvent the
requirement to obtain written consent from all surface owners.
According to the ACLC, this change would no longer specify that state
law is to be applied only when determining the surface-subsurface legal
relationship, but would instead allow the KYDNR to issue SMCRA permits
under subsection (c) based upon a single surface owner's consent deemed
as sufficient for right of entry under state law. The ACLC cites to the
KYDNR's RAM-159 as support for this contention.
OSMRE Response: KYDNR's RAM 161, dated June 25, 2015, updates and
modifies previously issued RAMs 159 and 160. RAM 161 explains how the
Division of Mine Permits will apply those provisions of RAMs 159 and
160 relating to identification of property ownership, to renewals,
transfers and mined out areas.
ACLC's concern--that the change brings 30 U.S.C. 1260(b)(6)(A) and
1260(b)(6)(C) into disharmony and renders 30 U.S.C. 1260(b)(6)(A)
superfluous--ignores the plain language of SMCRA and OSMRE's
implementing regulation. 30 U.S.C. 1260(b)(6)(A), (B), and (C) are
presented in the disjunctive. An applicant need only submit
documentation satisfying one of them. If the applicant has the written
consent from the surface owner (i.e., subsection A), then he or she
need only submit documentation reflecting that consent. If the
applicant has a conveyance that expressly grants or reserves the right
to extract coal (i.e., subsection B), then he or she need only submit
that documentation. If the applicant cannot satisfy either A or B, then
he or she may proceed under subsection C, which provides that if a
conveyance does not expressly grant the right to extract coal, state
law may be consulted. See M.L. Johnson Family Properties, LLC v.
Bernhardt, 924 F.3d 842, 852 (6th Cir. 2019) (``Reading the subsections
harmoniously, however, does not mandate such a narrow interpretation of
subsection (C). An equally harmonious interpretation is that when an
applicant has neither the consent of all surface owners, as allowed
under subsection (A), nor an express conveyance, as allowed under
subsection (B), it may establish a right to surface mine through any
other method ``in accordance with State law'' under subsection (C).
That interpretation does not create any inconsistencies between the
three subsections.'').
[[Page 21939]]
Consistent with 30 U.S.C. 1260(b)(6)(C), the Kentucky amendment
provides in section 4(2) of both Kentucky regulations that if ``the
conveyance does not expressly grant the right to extract the coal by
surface mining methods,'' then he or she may submit ``documentation
that under applicable state law, the applicant has the legal authority
to extract coal by surface mining methods.'' This presents no conflict
under Kentucky law, where unanimous consent of the surface holders is
not required. M.L. Johnson Family Properties, 924 F.3d at 852-853; see
also Johnson v. Environmental and Public Protection Cabinet, 289 SW3d
216, 219-220 (Ky. App. 2009) (holding that ``a cotenant ha[s] the right
to begin strip mining operations on . . . property despite objections
from another cotenant.''). As stated above, subsection (C) provides an
applicant with an alternate right of entry, which is dependent on State
law.
C. ACLC Argues the Proposed Revisions Are Inconsistent With SMCRA's
Legislative History
The ACLC contends that SMCRA's text and legislative history
requires determination of the ``the surface-subsurface legal
relationship'' in accordance with state law. From this, the commenter
suggests that 30 CFR 778.15(b)(3) requires documentation that under
applicable State law, the applicant has the legal authority to extract
the coal by those methods. The ACLC states that Kentucky has no State
statute or regulation that requires KYDNR to demand a demonstration
that ``the surface-subsurface legal relations'' for the proposed permit
area, determined in accordance with Kentucky law, implicitly authorizes
the mineral owner's right to surface mine the permit area.
OSMRE Response: The language of the proposed amendment is
substantively identical to the comparable Federal rule found in 30 CFR
778.15, and it is unambiguous. Consulting the legislative history of
the regulation is therefore unnecessary. M.L. Johnson Family
Properties, 924 F.3d at 852-853 (``The text of subsection (C), then, is
quite clear: When a conveyance does not expressly grant the right to
surface mine, the regulatory authority may rely on any state law to
determine whether the documents describing the surface-subsurface legal
relationship of the severed estate grant such a right. Because
subsection (C) is plain and unambiguous, our analysis ends where it
began: With the statutory text. We need not consider Johnson's lengthy
citations to conflicting legislative history.'' (citation omitted)).
Further, the fact that the Kentucky regulation as amended mirrors the
Federal rule, which itself tracks closely with the text of the
corresponding SMCRA provision, is indicative that the amendment is no
less stringent than SMCRA and is no less effective than the Federal
regulations.
Federal Agency Comments
On April 21, 2017, pursuant to 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA (30 U.S.C. 1253(b)), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Kentucky program (Administrative Record No. KY-2002).
We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to obtain a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). This proposed amendment does not pertain to air
or water quality standards. Therefore, we did not ask EPA to concur on
the amendment. However, on April 21, 2017, under 30 CFR
732.17(h)(11)(i), we requested comments from the EPA on the proposed
amendment (Administrative Record No. KY-2002). The EPA did not respond
to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on any proposed amendment that may have an effect on
historic properties. On April 21, 2017, we requested comments on
Kentucky's proposed amendment (Administrative Record No. KY-2002). We
did not receive any comments.
V. OSMRE's Decision
Based on the above findings, we approve Kentucky's January 29, 2015
proposed amendments. To implement this decision, we are amending the
Federal regulations, at 30 CFR part 917, that codify decisions
concerning the Kentucky program. In accordance with the Administrative
Procedure Act (5 U.S.C. 553), this rule will take effect 30 days after
the date of publication. Section 503(a) of SMCRA (30 U.S.C. 1253(a))
requires that the State's program must demonstrate that the State has
the capability of carrying out the provisions of the Act and meeting
its purposes. SMCRA requires consistency of State and Federal
standards.
VI. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not affect a taking of private property or
otherwise have taking implications that would result in public property
being taken for government use without just compensation under the law.
Therefore, a takings implication assessment is not required. This
determination is based on an analysis of the corresponding Federal
regulations.
Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State program amendments is exempted from OMB
review under Executive Order 12866. Executive Order 13563, which
reaffirms and supplements Executive Order 12866, retains this
exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3(a) of Executive Order 12988. The Department has determined
that this Federal Register document meets the criteria of section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and regulations to minimize litigation; and that
the agency's legislation and regulations provide a clear legal standard
for affected conduct, rather than a general standard, and promote
simplification and burden reduction. Because section 3 focuses on the
quality of Federal legislation and regulations, the Department limited
its review under this Executive order to the quality of this Federal
Register document and to changes to the Federal regulations. The review
under this Executive order did not extend to the language of the State
regulatory program or to the program amendment that Kentucky drafted.
Executive Order 13132--Federalism
This rule has potential federalism implications as defined under
Section 1(a) of Executive Order 13132.
[[Page 21940]]
Executive Order 13132 directs agencies to ``grant the States the
maximum administrative discretion possible'' with respect to Federal
statutes and regulations administered by the States. Kentucky, through
its approved regulatory program, implements and administers SMCRA and
its implementing regulations at the state level. This rule approves an
amendment to the Kentucky program submitted and drafted by the State,
and thus is consistent with the direction to provide maximum
administrative discretion to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Tribes or on the distribution of
power and responsibilities between the Federal Government and Tribes.
Therefore, consultation under the Department's tribal consultation
policy is not required. The basis for this determination is that our
decision is on the Kentucky program, which does not include Tribal
lands or regulation of activities on Tribal lands. Tribal lands are
regulated independently under the applicable, approved Federal program.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking that is (1) considered significant
under Executive Order 12866, and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
a significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
Executive Order 13045--Protection of Children From Environmental Health
Risks and Safety Risks
This rule is not subject to Executive Order 13045 because this is
not an economically significant regulatory action as defined by
Executive Order 12866, and this action does not address environmental
health or safety risks disproportionately affecting children.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, Part 516, section 13.5(A), State program
amendments are not major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. (OMB
Circular A-119 at p. 14). This action is not subject to the
requirements of section 12(d) of the NTTAA because application of those
requirements would be inconsistent with SMCRA.
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject
of this rule, is based upon corresponding Federal regulations for which
an economic analysis was prepared, and certification made that such
regulations would not have a significant economic effect upon a
substantial number of small entities. In making the determination as to
whether this rule would have a significant economic impact, the
Department relied upon the data and assumptions for the corresponding
Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based on an analysis of the
corresponding Federal regulations, which were determined not to
constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on an analysis of the corresponding Federal regulations, which
were determined not to impose an unfunded mandate. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
For the reasons set out in the preamble, 30 CFR part 917 is amended
as set forth below:
PART 917--KENTUCKY
0
1. The authority citation for part 917 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 917.15 is amended in paragraph (a) by adding an entry for
``January 29, 2015'' at the end of the table to read as follows:
Sec. 917.15 Approval of Kentucky regulatory program amendments.
(a) * * *
[[Page 21941]]
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Original amendment submission date Date of final publication Citation/description
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* * * * * * *
January 29, 2015........................ April 26, 2021......................... Section 4(2) of 405 KAR
8:030, Section 4(2) of 405
KAR 8:040, related to Right
of Entry.
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* * * * *
[FR Doc. 2021-08332 Filed 4-23-21; 8:45 am]
BILLING CODE 4310-05-P