Kentucky Regulatory Program, 1370-1372 [2022-00323]
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1370
Proposed Rules
Federal Register
Vol. 87, No. 7
Tuesday, January 11, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 917
[SATS No. KY–255–FOR; Docket ID: OSM–
2012–0004; S1D1S SS08011000 SX064A000
222S180110; S2D2S SS08011000
SX064A000 22XS501520]
Kentucky Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening of the
public comment period and opportunity
for public hearing on the proposed
amendment.
AGENCY:
We are reopening the
comment period and providing an
opportunity for a public hearing on the
proposed amendment to the Kentucky
regulatory program (the ‘‘Kentucky
program’’) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). The comment
period is being reopened to incorporate
additional statutory and regulatory
provisions that were not included in the
original Kentucky submittal. The
revised amendment includes legislative
and regulatory actions regarding
electronic service of enforcement
documents, clarification of Kentucky’s
administrative hearings regulations, and
miscellaneous minor, non-substantive
changes. The amendment also includes
reorganization and renumbering of the
Kentucky Administrative Regulations.
This document gives the times and
locations that the Kentucky submittal is
available for your inspection, the
comment period during which you may
submit written comments, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., Eastern Standard Time (e.s.t.),
February 10, 2022. If requested, we may
hold a public hearing or meeting on the
amendment on February 7, 2022. We
will accept requests to speak at a
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SUMMARY:
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hearing until 4:00 p.m., e.s.t. on January
26, 2022.
ADDRESSES: You may submit comments,
identified by SATS No. KY–255–FOR,
by any of the following methods:
• Mail/Hand Delivery: Mr. Michael
Castle, Field Office Director, Lexington
Field Office, Office of Surface Mining
Reclamation and Enforcement, 2675
Regency Road, Lexington, KY 40503.
• Fax: (859) 260–8410.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2012–0004. If you would like
to submit comments, go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Kentucky program,
this amendment, a listing of any
scheduled public hearings or meetings,
and all written comments received in
response to this document, you must go
to the address listed below during
normal business hours, Monday through
Friday, excluding holidays. You may
receive one free copy of the amendment
by contacting OSMRE’s Lexington Field
Office or the full text of the program
amendment is available for you to read
at https://www.regulations.gov.
Mr. Michael Castle, Field Office
Director, Lexington Field Office, Office
of Surface Mining Reclamation and
Enforcement, 2675 Regency Road,
Lexington, KY 40503, Telephone: (859)
260–3900, Email: mcastle@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location: Mr.
Michael Mullins, Regulation
Coordinator, Department for Natural
Resources, Kentucky Energy and
Environment Cabinet, 3000 Sower
Boulevard, Frankfort, KY 40601,
Telephone: (502) 782–6720, Email:
michael.mullins@ky.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Castle, Field Office Director,
Lexington Field Office, Office of Surface
Mining Reclamation and Enforcement,
2675 Regency Road, Lexington, KY
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
40503, Telephone: (859) 260–3900,
Email: mcastle@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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 approved State
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 effective 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 the Kentucky 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
Initial Submission
On January 30, 2012, Kentucky
submitted a proposed program
amendment (Administrative Record No.
KY–1900–01) containing administrative
regulations regarding electronic
notification of enforcement documents
and other miscellaneous changes. We
published a Proposed Rule Notice in the
June 12, 2012 Federal Register (77 FR
34888).
On October 23, 2012, we sent
Kentucky an issue letter seeking
clarification on language from 405 KAR
7:091. Kentucky sent us a response on
November 15, 2012, informing us that it
would make changes to its regulations
in response to our issue letter and
subsequent discussions, and then
submit a revised amendment.
After determining that there were
regulatory changes that Kentucky did
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not include in the original Kentucky
submittal, we determined that we
needed to reopen the public comment
period so that the public could view and
have the opportunity to comment on the
full amendment.
We sent Kentucky a second issue
letter on August 11, 2020, asking
Kentucky to describe the complete
legislative and regulatory changes in the
amendment and to describe the
recodification of many of the provisions
that occurred since the original
Kentucky submittal. On October 30,
2020, Kentucky sent us a response that
provided the requested information.
Below is a summary of Kentucky’s
proposed changes. We have listed the
changes according to their final
regulatory section numbering. If the
original regulatory section numbering
differs we have listed it in parenthesis.
The full text of the amendment is
available for you to read at the locations
listed above under ADDRESSES or at
www.regulations.gov.
A. Reorganization of Administrative
Hearing Regulations
Kentucky proposes to merge its
regulations on administrative hearings
for surface mining with its general
administrative hearing regulations.
Kentucky would merge the regulations
by removing the regulations at 405 KAR
7:091 and recodifying them at 400 KAR
1:090 and 110. Kentucky would also
remove the regulations at 405 KAR
7:092 and recodify them at 400 KAR
1:110.
The merger would include many nonsubstantive changes to the numbering,
format, and language of the regulations.
We will not describe the nonsubstantive changes in this notice. The
full text of the proposed amendment is
available at the locations listed above
under ADDRESSES or at
www.regulations.gov.
B. Electronic Service of Notice of
Noncompliance
1. KRS 350.130
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Kentucky proposes to revise this
subchapter to provide for electronic
delivery of notice of noncompliance and
to require an electronic registered
receipt for Kentucky to consider the
delivery effective.
2. 405 KAR 12:020
Kentucky proposes to revise this
subchapter to provide for electronic
delivery of notice of noncompliance,
order for remedial measures, order for
cessation and immediate compliance,
and notice of inspection of
noncompliance.
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1371
3. 405 KAR 1:090 (originally 405 KAR
7:091)
Kentucky proposes to merge 405 KAR
7:091 Section 7 with 405 KAR 1:110 and
add provisions to allow the filing of a
pleading by electronic mail.
Kentucky proposes to move 405 KAR
7:092 Section 6 to 400 KAR 1:110
Section 6 and to remove the
requirement for petitions of penalty
assessments to include full payment of
the proposed penalty assessment.
4. 405 KAR 1:110 (originally 405 KAR
7:091)
Kentucky proposes to merge 405 KAR
7:091 Section 5 with 405 KAR 1:110
Section 3, and add provisions that
would allow the electronic service of
proposed penalty assessments, notices
of assessment conference, notices of
administrative hearings, administrative
summonses, and other documents.
3. 400 KAR 1:110
Kentucky proposes to add two new
sections to 400 KAR 1:110. Section 13
would govern the location of
administrative hearings and Section 14
would govern judicial review and
remand of final orders from the
Secretary of the Cabinet.
C. Miscellaneous Changes
1. 400 KAR 1:090 (originally 405 KAR
7:091)
In merging 405 KAR 7:091 Section 1
to 400 KAR 1:090 Section 1, Kentucky
proposes to remove provisions on
public participation during the review
of determinations concerning surface
mining permits, notices of
noncompliance, orders for cessation,
performance bond amount, orders to
abate, and other matters appropriate for
adjudication by the Kentucky Energy
and Environment Cabinet (the Cabinet).
Kentucky proposes to rescind a
proposed change from its original
amendment submission. In our
proposed rule notice published on June
12, 2012 (Admin. Record No. KY–1900–
3), we wrote that Kentucky proposed to
add the phrase ‘‘that is not the result of
a lack of diligence on the part of the
corporate party or its counsel’’ at 405
KAR 7:091 Section 2(1)(a). Kentucky has
withdrawn that change, and the original
language will carry over to the subparagraph’s new location at 400 KAR
1:090 Section 10. Kentucky also
proposes non-substantive changes for
clarity. The new sub-paragraph will
read ‘‘The failure of the corporation or
limited liability company to appear by
counsel, without good cause, shall be
grounds for default.’’
Kentucky proposes to merge 405 KAR
7:091 Section 6 to 400 KAR 1:090
Section 5 and to remove the
requirement for notices of
administrative hearings to be mailed to
intervenors, posted at a regional office,
and published in a local newspaper.
2. 400 KAR 1:110 (originally 405 KAR
7:092)
Kentucky proposes to move 405 KAR
7:092 Section 4 to 400 KAR 1:110
Section 4 and to remove the 30-day time
limit for a recipient of a notice of
penalty assessment to request an
assessment conference.
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4. 405 KAR 12:020
Kentucky proposes to change 405
KAR 12:020 Section 2(5) by adding
language to specify examples of good
cause for modifying remedial measures,
including correction of errors, changes
in responsible parties, changes to
remedial measures, and changes in
abatement dates.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable 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
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, 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
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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 the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., e.s.t. on January 26, 2022. If
you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Statutory Orders and Executive
Reviews
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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.
17:41 Jan 10, 2022
Jkt 256001
When a State submits a program
amendment to OSMRE 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.
Thomas D. Shope,
Regional Director, North Atlantic—
Appalachian Region.
[FR Doc. 2022–00323 Filed 1–10–22; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–037–FOR; Docket ID: OSM–
2021–0006; S1D1S SS08011000 SX064A000
222S180110; S2D2S SS08011000
SX064A000 22XS501520]
Montana 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
(OSMRE), are announcing receipt of a
proposed amendment to the Montana
regulatory program (hereinafter, the
Montana program) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Montana
proposes an addition to the Montana
Code Annotated which requires changes
and the addition of regulations in the
Administrative Rules of Montana
pertaining to ownership and control.
These changes were required by an
October 2, 2009, letter from OSMRE to
Montana (hereinafter, 732 letter), and
were necessitated by a Senate bill
SUMMARY:
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
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Other Laws and Executive Orders
Affecting Rulemaking
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
approved by the 2013 Montana
Legislature. Montana also proposes
other revisions to the Administrative
Rules of Montana unrelated to
ownership and control. This document
gives the times and locations that the
Montana program and this proposed
amendment to that program are
available for your inspection, the
comment period during which you may
submit written comments on the
amendment, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., Mountain Standard Time (MST),
February 10, 2022. If requested, we may
hold a public hearing or meeting on the
amendment on February 7, 2022. We
will accept requests to speak at a
hearing until 4:00 p.m., MST on January
26, 2022.
ADDRESSES: You may submit comments,
identified by SATS No. MT–037–FOR,
by any of the following methods:
• Mail/Hand Delivery: 100 East B
Street, Room 4100, Casper, WY 82601.
• Fax: (307) 421–6552.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2021–0006. If you would like
to submit comments go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Montana program,
this amendment, a listing of any
scheduled public hearings or meetings,
and all written comments received in
response to this document, you must go
to the address listed below during
normal business hours, Monday through
Friday, excluding holidays. You may
receive one free copy of the amendment
by contacting OSMRE’s Denver Field
Division or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Jeffrey Fleischman, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, Dick
Cheney Federal Building, POB 11018,
100 East B Street, Casper, Wyoming
82601, Telephone: (307) 261–6550,
Email: jfleischman@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
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11JAP1
Agencies
[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Proposed Rules]
[Pages 1370-1372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00323]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 /
Proposed Rules
[[Page 1370]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[SATS No. KY-255-FOR; Docket ID: OSM-2012-0004; S1D1S SS08011000
SX064A000 222S180110; S2D2S SS08011000 SX064A000 22XS501520]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening of the public comment period and
opportunity for public hearing on the proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We are reopening the comment period and providing an
opportunity for a public hearing on the proposed amendment to the
Kentucky regulatory program (the ``Kentucky program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
The comment period is being reopened to incorporate additional
statutory and regulatory provisions that were not included in the
original Kentucky submittal. The revised amendment includes legislative
and regulatory actions regarding electronic service of enforcement
documents, clarification of Kentucky's administrative hearings
regulations, and miscellaneous minor, non-substantive changes. The
amendment also includes reorganization and renumbering of the Kentucky
Administrative Regulations. This document gives the times and locations
that the Kentucky submittal is available for your inspection, the
comment period during which you may submit written comments, and the
procedures that we will follow for the public hearing, if one is
requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., Eastern Standard Time (e.s.t.), February 10, 2022. If requested,
we may hold a public hearing or meeting on the amendment on February 7,
2022. We will accept requests to speak at a hearing until 4:00 p.m.,
e.s.t. on January 26, 2022.
ADDRESSES: You may submit comments, identified by SATS No. KY-255-FOR,
by any of the following methods:
Mail/Hand Delivery: Mr. Michael Castle, Field Office
Director, Lexington Field Office, Office of Surface Mining Reclamation
and Enforcement, 2675 Regency Road, Lexington, KY 40503.
Fax: (859) 260-8410.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2012-0004. If you would like to submit
comments, go to https://www.regulations.gov. Follow the instructions
for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Kentucky
program, this amendment, a listing of any scheduled public hearings or
meetings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendment by contacting OSMRE's Lexington
Field Office or the full text of the program amendment is available for
you to read at https://www.regulations.gov.
Mr. Michael Castle, Field Office Director, Lexington Field Office,
Office of Surface Mining Reclamation and Enforcement, 2675 Regency
Road, Lexington, KY 40503, Telephone: (859) 260-3900, Email:
[email protected].
In addition, you may review a copy of the amendment during regular
business hours at the following location: Mr. Michael Mullins,
Regulation Coordinator, Department for Natural Resources, Kentucky
Energy and Environment Cabinet, 3000 Sower Boulevard, Frankfort, KY
40601, Telephone: (502) 782-6720, Email: [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Michael Castle, Field Office
Director, Lexington Field Office, Office of Surface Mining Reclamation
and Enforcement, 2675 Regency Road, Lexington, KY 40503, Telephone:
(859) 260-3900, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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 approved State 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
effective 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 the Kentucky 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
Initial Submission
On January 30, 2012, Kentucky submitted a proposed program
amendment (Administrative Record No. KY-1900-01) containing
administrative regulations regarding electronic notification of
enforcement documents and other miscellaneous changes. We published a
Proposed Rule Notice in the June 12, 2012 Federal Register (77 FR
34888).
On October 23, 2012, we sent Kentucky an issue letter seeking
clarification on language from 405 KAR 7:091. Kentucky sent us a
response on November 15, 2012, informing us that it would make changes
to its regulations in response to our issue letter and subsequent
discussions, and then submit a revised amendment.
After determining that there were regulatory changes that Kentucky
did
[[Page 1371]]
not include in the original Kentucky submittal, we determined that we
needed to reopen the public comment period so that the public could
view and have the opportunity to comment on the full amendment.
We sent Kentucky a second issue letter on August 11, 2020, asking
Kentucky to describe the complete legislative and regulatory changes in
the amendment and to describe the recodification of many of the
provisions that occurred since the original Kentucky submittal. On
October 30, 2020, Kentucky sent us a response that provided the
requested information.
Below is a summary of Kentucky's proposed changes. We have listed
the changes according to their final regulatory section numbering. If
the original regulatory section numbering differs we have listed it in
parenthesis. The full text of the amendment is available for you to
read at the locations listed above under ADDRESSES or at
www.regulations.gov.
A. Reorganization of Administrative Hearing Regulations
Kentucky proposes to merge its regulations on administrative
hearings for surface mining with its general administrative hearing
regulations. Kentucky would merge the regulations by removing the
regulations at 405 KAR 7:091 and recodifying them at 400 KAR 1:090 and
110. Kentucky would also remove the regulations at 405 KAR 7:092 and
recodify them at 400 KAR 1:110.
The merger would include many non-substantive changes to the
numbering, format, and language of the regulations. We will not
describe the non-substantive changes in this notice. The full text of
the proposed amendment is available at the locations listed above under
ADDRESSES or at www.regulations.gov.
B. Electronic Service of Notice of Noncompliance
1. KRS 350.130
Kentucky proposes to revise this subchapter to provide for
electronic delivery of notice of noncompliance and to require an
electronic registered receipt for Kentucky to consider the delivery
effective.
2. 405 KAR 12:020
Kentucky proposes to revise this subchapter to provide for
electronic delivery of notice of noncompliance, order for remedial
measures, order for cessation and immediate compliance, and notice of
inspection of noncompliance.
3. 405 KAR 1:090 (originally 405 KAR 7:091)
Kentucky proposes to merge 405 KAR 7:091 Section 7 with 405 KAR
1:110 and add provisions to allow the filing of a pleading by
electronic mail.
4. 405 KAR 1:110 (originally 405 KAR 7:091)
Kentucky proposes to merge 405 KAR 7:091 Section 5 with 405 KAR
1:110 Section 3, and add provisions that would allow the electronic
service of proposed penalty assessments, notices of assessment
conference, notices of administrative hearings, administrative
summonses, and other documents.
C. Miscellaneous Changes
1. 400 KAR 1:090 (originally 405 KAR 7:091)
In merging 405 KAR 7:091 Section 1 to 400 KAR 1:090 Section 1,
Kentucky proposes to remove provisions on public participation during
the review of determinations concerning surface mining permits, notices
of noncompliance, orders for cessation, performance bond amount, orders
to abate, and other matters appropriate for adjudication by the
Kentucky Energy and Environment Cabinet (the Cabinet).
Kentucky proposes to rescind a proposed change from its original
amendment submission. In our proposed rule notice published on June 12,
2012 (Admin. Record No. KY-1900-3), we wrote that Kentucky proposed to
add the phrase ``that is not the result of a lack of diligence on the
part of the corporate party or its counsel'' at 405 KAR 7:091 Section
2(1)(a). Kentucky has withdrawn that change, and the original language
will carry over to the sub-paragraph's new location at 400 KAR 1:090
Section 10. Kentucky also proposes non-substantive changes for clarity.
The new sub-paragraph will read ``The failure of the corporation or
limited liability company to appear by counsel, without good cause,
shall be grounds for default.''
Kentucky proposes to merge 405 KAR 7:091 Section 6 to 400 KAR 1:090
Section 5 and to remove the requirement for notices of administrative
hearings to be mailed to intervenors, posted at a regional office, and
published in a local newspaper.
2. 400 KAR 1:110 (originally 405 KAR 7:092)
Kentucky proposes to move 405 KAR 7:092 Section 4 to 400 KAR 1:110
Section 4 and to remove the 30-day time limit for a recipient of a
notice of penalty assessment to request an assessment conference.
Kentucky proposes to move 405 KAR 7:092 Section 6 to 400 KAR 1:110
Section 6 and to remove the requirement for petitions of penalty
assessments to include full payment of the proposed penalty assessment.
3. 400 KAR 1:110
Kentucky proposes to add two new sections to 400 KAR 1:110. Section
13 would govern the location of administrative hearings and Section 14
would govern judicial review and remand of final orders from the
Secretary of the Cabinet.
4. 405 KAR 12:020
Kentucky proposes to change 405 KAR 12:020 Section 2(5) by adding
language to specify examples of good cause for modifying remedial
measures, including correction of errors, changes in responsible
parties, changes to remedial measures, and changes in abatement dates.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable 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
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, they should be specific, confined to
issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, 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
[[Page 1372]]
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 the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on
January 26, 2022. If you are disabled and need reasonable
accommodations to attend a public hearing, contact the person listed
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and
time of the hearing with those persons requesting the hearing. If no
one requests an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Statutory Orders and Executive Reviews
Executive Order 12866--Regulatory Planning and Review and Executive
Order 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.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE 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.
Thomas D. Shope,
Regional Director, North Atlantic--Appalachian Region.
[FR Doc. 2022-00323 Filed 1-10-22; 8:45 am]
BILLING CODE 4310-05-P