Kentucky Regulatory Program, 65125-65129 [2023-20013]
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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations
the LH and RH lower rear attachments are
detected, and no corrosion and no missing
rivet stems of the lower fuselage truss pipes
are detected, before further flight, install part
number (P/N) 5034–011 plugs on both the RH
and LH rear attachments, in accordance with
step 16 of Part A, in Part 2, Work Procedure,
of Vulcanair SB VA–22. After installation of
the plugs, no further action is required by
this AD.
(2) If, during the inspections required by
the introductory text of paragraph (g) of this
AD, corrosion, missing sealant, or missing
rivet stems are detected, before further flight,
do the following as applicable:
(i) If corrosion or missing sealant is
detected during the detailed visual
inspection or tactile inspection of the RH and
LH lower rear attachments, remove any
sealant, and do a detailed visual inspection
for corrosion in accordance with step 26 of
Part B, in Part 2, Work Procedure, of
Vulcanair SB VA–22.
(ii) If corrosion or missing rivet stems are
detected during the general visual inspection
of the lower fuselage truss pipes, do a
detailed visual inspection and tap test for
corrosion in accordance with steps 27 and 28
of Part B, in Part 2, Work Procedure, of
Vulcanair SB VA–22.
(3) If, during any inspection required by
paragraph (g)(2) of this AD, any corrosion is
detected on the lower fuselage truss, before
further flight, contact the Manager,
International Validation Branch, FAA; or
European Union Aviation Safety Agency
(EASA); or Vulcanair’s EASA Design
Organization Approval (DOA) for corrective
action instructions and do the corrective
actions. If approved by the DOA, the
approval must include the DOA-authorized
signature.
(4) If, during the inspections required by
paragraph (g)(2) of this AD, no corrosion is
detected, before further flight, apply sealant
on rivets with absent stems, restore as
necessary the sealant inside the RH and LH
lower rear attachments, and install plugs P/
N 5034–011 on both the RH and LH rear
attachments, in accordance with the
instructions in steps 31 and 32 of Part B, in
Part 2, Work Procedure, of Vulcanair SB VA–
22.
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(i) Alternative Methods of Compliance
(AMOCs)
The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (j)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
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(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Vulcanair S.p.A. Service Bulletin No.
VA–22, Revision 0, dated June 15, 2022.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Vulcanair S.p.A., via G.
Pascoli, 7, 80026 Casoria (NA), Italy; phone:
+39 081 5918111; email: info@vulcanair.com;
website: support.vulcanair.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–20481 Filed 9–20–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
(h) Special Flight Permits
Special flight permits are prohibited.
VerDate Sep<11>2014
(j) Additional Information
(1) Refer to EASA AD 2022–0155, dated
August 1, 2022, for related information. This
EASA AD may be found in the AD docket at
regulations.gov under Docket No. FAA–
2023–1218.
(2) For more information about this AD,
contact John DeLuca, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (516) 228–
7369; email: john.p.deluca@faa.gov.
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 917
[SATS No. KY–262–FOR; Docket No. OSM–
2019–0014; S1D1S SS08011000 SX064A000
201S180110; S2D2S SS08011000
SX064A000 20XS501520]
Kentucky Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; partial approval of
the amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving, in part,
amendments to the Kentucky regulatory
SUMMARY:
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program (Kentucky program) under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). With this amendment, Kentucky
will revise its administrative regulations
and make non-substantive changes such
as paragraph renumbering.
DATES: This rule is effective October 23,
2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Castle, Field Office Director,
Lexington Field Office, Telephone: (859)
260–3900. Email: mcastle@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Submission of the Amendment
III. OSMRE’s Finding
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 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). Based on 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. The regulatory authority in
Kentucky is the Kentucky Energy and
Environment Cabinet (herein referred to
as the Cabinet).
II. Submission of the Amendment
By letter dated November 25, 2019
(Administrative Record Number KY–
2004), the Cabinet submitted an
amendment to its program under
SMCRA (30 U.S.C. 1201 et seq.),
docketed as KY–262–FOR. The
amendment seeks to revise chapter
10:001 of title 405 of the Kentucky
Administrative Regulations (KAR),
Bond and Insurance Requirements,
Definitions for 405 KAR Chapter 10. The
Cabinet seeks to revise Section 1,
Definitions, subsection (4), definition of
‘‘Adjacent area,’’ by adding ‘‘surface
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comment, which we addressed in the
Public Comments section of part IV,
Summary and Disposition of Comments,
below.
water’’ to the list of resources on land
located outside the affected area or
permit area that could be adversely
impacted by surface coal mining and
reclamation operations. The Cabinet
also seeks to add new subsection 26,
defining ‘‘Long term treatment’’ to
mean:
the use of any active or passive water
treatment necessary to meet water quality
effluent standards at the time a permit or any
affected permit increment attains phase one
(1) bond release standards as determined by
the cabinet pursuant to 405 KAR 10:040.
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In addition, the Cabinet has proposed
certain non-substantive revisions at 405
KAR 10:001. These revisions include
paragraph renumbering but do not
change the administrative regulations
substantively. Because these changes are
non-substantive, we make no findings
on them.
Additional Background Information
On November 25, 2019, in addition to
submitting proposed amendment KY–
262, the Cabinet also submitted a related
amendment, KY–261, requiring
calculation of an additional bond when
a need for long term treatment is
identified by the Cabinet. Both
submissions, KY–261 and KY–262, were
made in response to an amendment
OSMRE required at section 30 CFR
917.16(p). We required the amendment
after our review of Kentucky’s proposed
bonding provisions under Program
Amendment No. KY–256, as published
in the January 29, 2018 Federal Register
(83 FR 3948), which we found to be
inadequate.
The Cabinet mentions in its
submission for KY–262 that it believes
the amendment submitted as KY–261 is
sufficient to satisfy the requirements of
SMCRA when viewed in conjunction
with the definition of ‘‘Long term
treatment’’ proposed in KY–262.
Importantly, on May 10, 2022, we
approved KY–261 with a slight
modification not relevant here. See 87
FR 27938. In approving KY–261, we did
not find it necessary to approve KY–262
in conjunction. Now, for reasons
explained below, we are approving, in
part, the changes proposed in KY–262.
We are not approving the definition of
‘‘Long term treatment’’ in subsection 26.
We announced receipt of the
proposed amendment in the February
25, 2020 Federal Register (85 FR
10633). In the same notice, we opened
a public comment period and provided
an opportunity for a public hearing on
these provisions (Administrative Record
Number KY–2004–3). The public
comment period closed on March 25,
2020. We received a response from one
Federal agency and one public
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III. OSMRE’s Finding
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 in part, as described
below. The full text of the approved
amendment is available online at
www.regulation.gov.
Any revisions that we do not
specifically discuss below concerning
non-substantive wording or editorial
changes may be found in the full text of
the program amendment available at
www.regulations.gov.
The Cabinet proposed to revise KAR
Chapter 10:001, Bond and Insurance
Requirements, Definitions for 405 KAR
Chapter 10, as follows.
1. Definition of ‘‘Adjacent area’’: The
Cabinet seeks to revise Section 1,
Definitions, subsection (4), by adding
‘‘surface water’’ to the list of resources
that could be impacted by surface coal
mining operations.
OSMRE Finding: The term ‘‘Adjacent
area’’ arises in various places in 405
KAR Chapter 10. We are approving the
revised definition because it is as
stringent as the prior regulation, which
is already part of Kentucky’s approved
program, and it is as effective as the
OSMRE regulation at 30 CFR 701.5,
which defines ‘‘Adjacent area.’’
Previously, Kentucky’s definition of
‘‘Adjacent area’’ in subsection (4)
encompassed land outside the affected
area or permit area where ‘‘air, surface,
or groundwater, fish, wildlife,
vegetation, or other [protected]
resources’’ could be adversely impacted
by surface coal mining and reclamation
operations. Under this rule, the
definition is modified to include land
where ‘‘air, surface, surface water,
groundwater, fish, wildlife, vegetation,
or other [protected] resources’’ could be
adversely impacted by surface coal
mining and reclamation operations. As
revised, the definition specifies that
surface water is also a protected
resource and it makes clear, where
before it was ambiguous, that the
regulatory authority, when applying
regulations in Chapter 10 that refer to
adjacent areas, must take into account
whether surface waters, in addition to
the other listed resources, may be
adversely impacted.
2. Definition of ‘‘Long term
treatment’’: The Cabinet seeks to add a
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new subsection 26, defining ‘‘Long term
treatment’’ to mean:
the use of any active or passive water
treatment necessary to meet water quality
effluent standards at the time a permit or any
affected permit increment attains phase one
(1) bond release standards as determined by
the cabinet pursuant to 405 KAR 10:040.
OSMRE Finding: We are not
approving this subsection of the
amendment as we find it is less
stringent than section 509(a) of SMCRA,
30 U.S.C. 1259(a) (Performance Bonds),
which directs that the regulatory
authority ‘‘assure,’’ upon discovery of a
pollutional discharge, that bonds are
adequate to cover the cost of
reclamation. We reach this conclusion
because the definition could be read to
delay the time when the regulatory
authority may declare a need for longterm treatment to the point where a
permitted site ‘‘attains phase one (1)
bond release standards.’’ The problem
with this temporal limitation is that the
need for long-term treatment could
become apparent long before phase one
bond release. We believe this falls short
of the statutory requirement in section
509(a). We similarly conclude the
definition is less effective than the
Federal regulation at 30 CFR 800.14,
which echoes section 509(a) in requiring
that the bond amount ‘‘be sufficient to
assure the completion of the
reclamation plan if the work has to be
performed by the regulatory authority in
the event of forfeiture.’’ Further, EPA
has commented that the approval of this
definition seems to conflate two
separate areas under the Clean Water
Act (CWA), those being the water
quality standards and the water quality
based effluent limitation under National
Pollutant Discharge Elimination System
(NPDES) permits. For these reasons, we
are not approving the definition.
IV. Summary and Disposition of
Comments
Public Comments
We asked for public comments on the
KY–262 amendment in the proposed
rule notice published in the Federal
Register on February 25, 2020 (85 FR
10633), OSMRE received one comment.
This comment is summarized and
addressed below.
The Kentucky Coal Association (KCA)
submitted comments in support of KY–
262, stating that the revisions to the
definitions of ‘‘Adjacent area’’ and
‘‘Long term treatment’’ satisfy the
criteria of 30 CFR 732.15 and are in
accordance with SMCRA. KCA also
stated that the views of all stakeholders
had been considered. KCA further stated
that both definitions improve clarity
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and provide certainty for both
permittees and the community as a
whole. KCA added that approval of the
revision should resolve the ongoing
‘‘733’’ process between Kentucky and
OSMRE and pending litigation among
the Cabinet, KCA, and OSMRE
concerning Kentucky’s bonding
program.
OSMRE Response: We are approving
the definition of ‘‘Adjacent area’’ and
the non-substantive changes and
disapproving the definition of ‘‘Longterm treatment’’ for the reasons stated
above. While we agree with KCA that
the definition of ‘‘Long-term treatment’’
may help to add clarity and certainty for
the public, it does so in a manner that
is less stringent that section 509(a) of
SMCRA and less effective than the
Federal regulation at 30 CFR 800.14.
Federal Agency Comments
On December 16, 2019, under 30 CFR
732.17(h)(11)(i) and section 503(b) of
SMCRA, we requested comments on the
amendment from various Federal
agencies with an actual or potential
interest in the Kentucky (KY–262)
program (Administrative Record No.
KY–2004–1). We received comments
from Environmental Protection Agency.
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Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to obtain written
concurrence from EPA for those
provisions of the program amendments
that relate to air or water quality
standards issued under the authority of
the CWA (33 U.S.C. 1251 et seq.) or the
Clean Air Act (42 U.S.C. 7401 et seq.).
Because the program amendment does
not relate to air or water quality
standards we sought comment, not
concurrence, from EPA. EPA
commented that the term ‘‘water quality
effluent standards’’ seems to conflate
two separate areas under the CWA,
those being water quality standards and
water quality-based effluent limitations
under NPDES permits. The EPA
recommends that the definition be
revised to include reference to both
Kentucky’s water quality standards and
NPDES permit effluent limits. EPA
believes that this is consistent with
OSMRE’s implementing regulations that
acknowledge the relationship between
the CWA and SMCRA. Because we are
not approving the definition of ‘‘Longterm treatment,’’ the revisions to that
definition recommended by EPA are
unnecessary.
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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 amendments that
may have an effect on historic
properties. On December 16, 2019, we
requested comments on Kentucky (KY–
262) amendment (Administrative
Record Number KY–2004–1). We did
not receive comments from SHPO or
ACHP.
V. OSMRE’s Decision
Based on the above findings, we are
approving the revised definition of
‘‘Adjacent area’’ in subsection 4 as well
as non-substantive changes, and we are
not approving the new definition for
‘‘Long-term treatment’’ in subsection 26,
based on the fact that the proposed
amendment is less stringent than
section 509(a) of SMCRA and less
effective than the corresponding Federal
regulation at 30 CFR 800.14, which
requires that bonding be adequate to
ensure that the costs of treatment are
covered. Kentucky’s definition of
‘‘Long-term treatment’’ ties the decision
requiring additional bond (when a longterm pollutional discharge is
discovered) to phase 1 bond release.
However, once a water violation is
discovered and reclamation needs have
changed (i.e., water treatment is now
required), the operator has an obligation
to treat and bond immediately.
Approving this definition would
potentially postpone acquisition of an
additional bond to a point in time long
after the discovery of a need for longterm water treatment. Therefore, we are
not approving this portion of the
amendment.
To implement this decision, we are
amending the Federal regulations, at 30
CFR part 948, that codify decisions
concerning the Kentucky program. In
accordance with the Administrative
Procedure Act, this rule will take effect
30 days after the date of publication.
Section 503(a) of SMCRA requires that
the State’s program 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 effect a taking of
private property or otherwise have
taking implications that would result in
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65127
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, 13563—
Improving Regulation and Regulatory
Review, and 14094—Modernizing
Regulatory Review
Executive Order 12866, as amended
by Executive Order 14094, provides that
the Administrator of the Office of
Information and Regulatory Affairs
within 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 and/or plan amendments is
exempted from OMB review under
Executive Order 12866, as amended by
Executive Order 14094. Executive Order
13563, which reaffirms and
supplements Executive Order 12866,
does not supplant this exemption.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
reviewed this rule as required by
Section 3 of Executive Order 12988. The
Department 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
proposed regulations to eliminate
drafting errors and ambiguity; that the
agency write 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 the Cabinet proposed.
Executive Order 13132—Federalism
This rule is not a ‘‘[p]olicy that [has]
Federalism implications’’ as defined by
Section 1(a) of Executive Order 13132
because it does not have ‘‘substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
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levels of government.’’ Instead, this rule
approves an amendment to the
Kentucky program submitted and
drafted by that State. OSMRE reviewed
the submission with fundamental
federalism principles in mind as set
forth in sections 2 and 3 of the
Executive Order and with the principles
of cooperative federalism set forth in
SMCRA. See, e.g., 30 U.S.C. 1201(f). As
such, pursuant to section 503(a)(1) and
(7) (30 U.S.C. 1253(a)(1) and (7)),
OSMRE reviewed the program
amendment to ensure that it is ‘‘in
accordance with’’ the requirements of
SMCRA and ‘‘consistent with’’ the
regulations issued by the Secretary
pursuant to SMCRA.
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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 there are no
federally recognized tribes are present
in Kentucky, and the Kentucky program
is not approved to regulate activities on
Indian lands as defined by SMCRA.
Indian lands under SMCRA 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.
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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)) 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 (NTTAA) (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 Director of 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
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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 follows:
PART 917—KENTUCKY
1. The authority citation for part 917
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. In § 917.15 amend the table in
paragraph (a) by adding a second entry
for ‘‘November 25, 2019’’ at the end of
the table to read as follows:
■
§ 917.15 Approval of Kentucky regulatory
program amendments.
(a) * * *
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations
Original amendment submission
date
*
*
November 25, 2019 .......................
Date of final publication
*
*
*
*
3. Amend § 917.17 by adding
paragraph (e) to read as follows:
February 3, 2023. Comments were
accepted for 60 days until April 4, 2023.
One comment was received which
stated support for the exemption rule.
■
§ 917.17 State regulatory program
amendments not approved.
I. Background
In finalizing this rule, OSD is
exempting portions of this system of
records titled, CIG–16, ‘‘Inspector
General Administrative Investigation
Records,’’ from certain provisions of the
Privacy Act of 1974. This system
contains records of DoD Office of
Inspector General mission activities
such as: the identification, referral, and
investigation of DoD Hotline
complaints; administrative
investigations of both military and
civilian senior officials accused of
misconduct; oversight and investigation
of whistleblower reprisal cases against
Service members, DoD contractor
employees, and DoD civilian employees
(appropriated and non-appropriated
fund); and improper command referrals
of Service member mental health
evaluations.
*
*
*
*
*
(e) We are not approving the
following provision of the proposed
Kentucky program amendments dated
November 25, 2019: KAR Chapter
10:001 Section 1, Subsection 26—
Definition of ‘‘Long term treatment’’.
[FR Doc. 2023–20013 Filed 9–20–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD–2022–OS–0142]
RIN 0790–AL62
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense (OSD), Department of Defense
(DoD).
ACTION: Final rule.
AGENCY:
The Department of Defense
(Department or DoD) is issuing a final
rule to amend its regulations to exempt
portions of the system of records titled
CIG–16, ‘‘Inspector General
Administrative Investigation Records,’’
(IGAIR) from certain provisions of the
Privacy Act of 1974.
DATES: This rule will be effective on
October 23, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Rahwa Keleta, Privacy and Civil
Liberties Division, Directorate for
Privacy, Civil Liberties and Freedom of
Information, Office of the Assistant to
the Secretary of Defense for Privacy,
Civil Liberties, and Transparency,
Department of Defense, 4800 Mark
Center Drive, Mailbox #24, Suite 08D09,
Alexandria, VA 22350–1700;
OSD.DPCLTD@mail.mil; (703) 571–
0070.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
SUPPLEMENTARY INFORMATION:
Discussion of Comments and Changes
The proposed rule published in the
Federal Register (88 FR 7375–7378) on
16:08 Sep 20, 2023
Citation/description
*
*
*
*
*
September 21, 2023 ...................... KAR Chapter 10:001 Section 1, Definitions, subsection (4)—Adjacent
area.
*
VerDate Sep<11>2014
65129
Jkt 259001
II. Privacy Act Exemption
The Privacy Act allows Federal
agencies to exempt eligible records in a
system of records from certain
provisions of the Act, including those
that provide individuals with a right to
request access to and amendment of
their own records. If an agency intends
to exempt a particular system of records,
it must first go through the rulemaking
process pursuant to 5 U.S.C. 553(b)(1)–
(3), (c), and (e).
OSD is amending 32 CFR 310.28(c)(4)
to change the system name and to
exempt portions of this system of
records from certain provisions of the
Privacy Act because information in this
system of records may also fall within
the scope of the following Privacy Act
exemptions: 5 U.S.C. 552a(j)(2) and
(k)(1).
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. It has been determined that
this rule is not a significant regulatory
action under these Executive orders.
Congressional Review Act (5 U.S.C.
804(2))
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. DoD will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States. A major rule may take effect no
earlier than 60 calendar days after
Congress receives the rule report or the
rule is published in the Federal
Register, whichever is later. This rule is
not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Regulatory Analysis
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532(a)) requires agencies to
assess anticipated costs and benefits
before issuing any rule whose mandates
may result in the expenditure by State,
local and Tribal Governments in the
aggregate, or by the private sector, in
any one year of $100 million in 1995
dollars, updated annually for inflation.
This rule will not mandate any
requirements for State, local, or Tribal
Governments, nor will it affect private
sector costs.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601 et seq.)
The Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and
Transparency has certified that this rule
is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
because it would not, if promulgated,
have a significant economic impact on
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
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]]>Agencies
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65125-65129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20013]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[SATS No. KY-262-FOR; Docket No. OSM-2019-0014; S1D1S SS08011000
SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; partial approval of the amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving, in part, amendments to the Kentucky regulatory
program (Kentucky program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). With this amendment,
Kentucky will revise its administrative regulations and make non-
substantive changes such as paragraph renumbering.
DATES: This rule is effective October 23, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Castle, Field Office
Director, Lexington Field Office, Telephone: (859) 260-3900. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Submission of the Amendment
III. OSMRE's Finding
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 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). Based on 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. The regulatory
authority in Kentucky is the Kentucky Energy and Environment Cabinet
(herein referred to as the Cabinet).
II. Submission of the Amendment
By letter dated November 25, 2019 (Administrative Record Number KY-
2004), the Cabinet submitted an amendment to its program under SMCRA
(30 U.S.C. 1201 et seq.), docketed as KY-262-FOR. The amendment seeks
to revise chapter 10:001 of title 405 of the Kentucky Administrative
Regulations (KAR), Bond and Insurance Requirements, Definitions for 405
KAR Chapter 10. The Cabinet seeks to revise Section 1, Definitions,
subsection (4), definition of ``Adjacent area,'' by adding ``surface
[[Page 65126]]
water'' to the list of resources on land located outside the affected
area or permit area that could be adversely impacted by surface coal
mining and reclamation operations. The Cabinet also seeks to add new
subsection 26, defining ``Long term treatment'' to mean:
the use of any active or passive water treatment necessary to meet
water quality effluent standards at the time a permit or any
affected permit increment attains phase one (1) bond release
standards as determined by the cabinet pursuant to 405 KAR 10:040.
In addition, the Cabinet has proposed certain non-substantive
revisions at 405 KAR 10:001. These revisions include paragraph
renumbering but do not change the administrative regulations
substantively. Because these changes are non-substantive, we make no
findings on them.
Additional Background Information
On November 25, 2019, in addition to submitting proposed amendment
KY-262, the Cabinet also submitted a related amendment, KY-261,
requiring calculation of an additional bond when a need for long term
treatment is identified by the Cabinet. Both submissions, KY-261 and
KY-262, were made in response to an amendment OSMRE required at section
30 CFR 917.16(p). We required the amendment after our review of
Kentucky's proposed bonding provisions under Program Amendment No. KY-
256, as published in the January 29, 2018 Federal Register (83 FR
3948), which we found to be inadequate.
The Cabinet mentions in its submission for KY-262 that it believes
the amendment submitted as KY-261 is sufficient to satisfy the
requirements of SMCRA when viewed in conjunction with the definition of
``Long term treatment'' proposed in KY-262. Importantly, on May 10,
2022, we approved KY-261 with a slight modification not relevant here.
See 87 FR 27938. In approving KY-261, we did not find it necessary to
approve KY-262 in conjunction. Now, for reasons explained below, we are
approving, in part, the changes proposed in KY-262. We are not
approving the definition of ``Long term treatment'' in subsection 26.
We announced receipt of the proposed amendment in the February 25,
2020 Federal Register (85 FR 10633). In the same notice, we opened a
public comment period and provided an opportunity for a public hearing
on these provisions (Administrative Record Number KY-2004-3). The
public comment period closed on March 25, 2020. We received a response
from one Federal agency and one public comment, which we addressed in
the Public Comments section of part IV, Summary and Disposition of
Comments, below.
III. OSMRE's Finding
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 in part, as
described below. The full text of the approved amendment is available
online at www.regulation.gov.
Any revisions that we do not specifically discuss below concerning
non-substantive wording or editorial changes may be found in the full
text of the program amendment available at www.regulations.gov.
The Cabinet proposed to revise KAR Chapter 10:001, Bond and
Insurance Requirements, Definitions for 405 KAR Chapter 10, as follows.
1. Definition of ``Adjacent area'': The Cabinet seeks to revise
Section 1, Definitions, subsection (4), by adding ``surface water'' to
the list of resources that could be impacted by surface coal mining
operations.
OSMRE Finding: The term ``Adjacent area'' arises in various places
in 405 KAR Chapter 10. We are approving the revised definition because
it is as stringent as the prior regulation, which is already part of
Kentucky's approved program, and it is as effective as the OSMRE
regulation at 30 CFR 701.5, which defines ``Adjacent area.''
Previously, Kentucky's definition of ``Adjacent area'' in subsection
(4) encompassed land outside the affected area or permit area where
``air, surface, or groundwater, fish, wildlife, vegetation, or other
[protected] resources'' could be adversely impacted by surface coal
mining and reclamation operations. Under this rule, the definition is
modified to include land where ``air, surface, surface water,
groundwater, fish, wildlife, vegetation, or other [protected]
resources'' could be adversely impacted by surface coal mining and
reclamation operations. As revised, the definition specifies that
surface water is also a protected resource and it makes clear, where
before it was ambiguous, that the regulatory authority, when applying
regulations in Chapter 10 that refer to adjacent areas, must take into
account whether surface waters, in addition to the other listed
resources, may be adversely impacted.
2. Definition of ``Long term treatment'': The Cabinet seeks to add
a new subsection 26, defining ``Long term treatment'' to mean:
the use of any active or passive water treatment necessary to meet
water quality effluent standards at the time a permit or any
affected permit increment attains phase one (1) bond release
standards as determined by the cabinet pursuant to 405 KAR 10:040.
OSMRE Finding: We are not approving this subsection of the
amendment as we find it is less stringent than section 509(a) of SMCRA,
30 U.S.C. 1259(a) (Performance Bonds), which directs that the
regulatory authority ``assure,'' upon discovery of a pollutional
discharge, that bonds are adequate to cover the cost of reclamation. We
reach this conclusion because the definition could be read to delay the
time when the regulatory authority may declare a need for long-term
treatment to the point where a permitted site ``attains phase one (1)
bond release standards.'' The problem with this temporal limitation is
that the need for long-term treatment could become apparent long before
phase one bond release. We believe this falls short of the statutory
requirement in section 509(a). We similarly conclude the definition is
less effective than the Federal regulation at 30 CFR 800.14, which
echoes section 509(a) in requiring that the bond amount ``be sufficient
to assure the completion of the reclamation plan if the work has to be
performed by the regulatory authority in the event of forfeiture.''
Further, EPA has commented that the approval of this definition seems
to conflate two separate areas under the Clean Water Act (CWA), those
being the water quality standards and the water quality based effluent
limitation under National Pollutant Discharge Elimination System
(NPDES) permits. For these reasons, we are not approving the
definition.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the KY-262 amendment in the
proposed rule notice published in the Federal Register on February 25,
2020 (85 FR 10633), OSMRE received one comment. This comment is
summarized and addressed below.
The Kentucky Coal Association (KCA) submitted comments in support
of KY-262, stating that the revisions to the definitions of ``Adjacent
area'' and ``Long term treatment'' satisfy the criteria of 30 CFR
732.15 and are in accordance with SMCRA. KCA also stated that the views
of all stakeholders had been considered. KCA further stated that both
definitions improve clarity
[[Page 65127]]
and provide certainty for both permittees and the community as a whole.
KCA added that approval of the revision should resolve the ongoing
``733'' process between Kentucky and OSMRE and pending litigation among
the Cabinet, KCA, and OSMRE concerning Kentucky's bonding program.
OSMRE Response: We are approving the definition of ``Adjacent
area'' and the non-substantive changes and disapproving the definition
of ``Long-term treatment'' for the reasons stated above. While we agree
with KCA that the definition of ``Long-term treatment'' may help to add
clarity and certainty for the public, it does so in a manner that is
less stringent that section 509(a) of SMCRA and less effective than the
Federal regulation at 30 CFR 800.14.
Federal Agency Comments
On December 16, 2019, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Kentucky
(KY-262) program (Administrative Record No. KY-2004-1). We received
comments from Environmental Protection Agency.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to obtain written
concurrence from EPA for those provisions of the program amendments
that relate to air or water quality standards issued under the
authority of the CWA (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). Because the program amendment does not relate to
air or water quality standards we sought comment, not concurrence, from
EPA. EPA commented that the term ``water quality effluent standards''
seems to conflate two separate areas under the CWA, those being water
quality standards and water quality-based effluent limitations under
NPDES permits. The EPA recommends that the definition be revised to
include reference to both Kentucky's water quality standards and NPDES
permit effluent limits. EPA believes that this is consistent with
OSMRE's implementing regulations that acknowledge the relationship
between the CWA and SMCRA. Because we are not approving the definition
of ``Long-term treatment,'' the revisions to that definition
recommended by EPA are unnecessary.
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 amendments that may have an effect on historic
properties. On December 16, 2019, we requested comments on Kentucky
(KY-262) amendment (Administrative Record Number KY-2004-1). We did not
receive comments from SHPO or ACHP.
V. OSMRE's Decision
Based on the above findings, we are approving the revised
definition of ``Adjacent area'' in subsection 4 as well as non-
substantive changes, and we are not approving the new definition for
``Long-term treatment'' in subsection 26, based on the fact that the
proposed amendment is less stringent than section 509(a) of SMCRA and
less effective than the corresponding Federal regulation at 30 CFR
800.14, which requires that bonding be adequate to ensure that the
costs of treatment are covered. Kentucky's definition of ``Long-term
treatment'' ties the decision requiring additional bond (when a long-
term pollutional discharge is discovered) to phase 1 bond release.
However, once a water violation is discovered and reclamation needs
have changed (i.e., water treatment is now required), the operator has
an obligation to treat and bond immediately. Approving this definition
would potentially postpone acquisition of an additional bond to a point
in time long after the discovery of a need for long-term water
treatment. Therefore, we are not approving this portion of the
amendment.
To implement this decision, we are amending the Federal
regulations, at 30 CFR part 948, that codify decisions concerning the
Kentucky program. In accordance with the Administrative Procedure Act,
this rule will take effect 30 days after the date of publication.
Section 503(a) of SMCRA requires that the State's program 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 effect 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, 13563--
Improving Regulation and Regulatory Review, and 14094--Modernizing
Regulatory Review
Executive Order 12866, as amended by Executive Order 14094,
provides that the Administrator of the Office of Information and
Regulatory Affairs within 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 and/or plan amendments
is exempted from OMB review under Executive Order 12866, as amended by
Executive Order 14094. Executive Order 13563, which reaffirms and
supplements Executive Order 12866, does not supplant this exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by Section 3 of Executive Order 12988. The Department 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 proposed regulations to eliminate drafting
errors and ambiguity; that the agency write 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 the Cabinet proposed.
Executive Order 13132--Federalism
This rule is not a ``[p]olicy that [has] Federalism implications''
as defined by Section 1(a) of Executive Order 13132 because it does not
have ``substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various
[[Page 65128]]
levels of government.'' Instead, this rule approves an amendment to the
Kentucky program submitted and drafted by that State. OSMRE reviewed
the submission with fundamental federalism principles in mind as set
forth in sections 2 and 3 of the Executive Order and with the
principles of cooperative federalism set forth in SMCRA. See, e.g., 30
U.S.C. 1201(f). As such, pursuant to section 503(a)(1) and (7) (30
U.S.C. 1253(a)(1) and (7)), OSMRE reviewed the program amendment to
ensure that it is ``in accordance with'' the requirements of SMCRA and
``consistent with'' the regulations issued by the Secretary pursuant to
SMCRA.
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 there
are no federally recognized tribes are present in Kentucky, and the
Kentucky program is not approved to regulate activities on Indian lands
as defined by SMCRA. Indian lands under SMCRA 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)) 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 (NTTAA) (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 Director of
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 follows:
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. In Sec. 917.15 amend the table in paragraph (a) by adding a second
entry for ``November 25, 2019'' at the end of the table to read as
follows:
Sec. 917.15 Approval of Kentucky regulatory program amendments.
(a) * * *
[[Page 65129]]
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
November 25, 2019............. September 21, KAR Chapter 10:001
2023. Section 1,
Definitions,
subsection (4)--
Adjacent area.
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 917.17 by adding paragraph (e) to read as follows:
Sec. 917.17 State regulatory program amendments not approved.
* * * * *
(e) We are not approving the following provision of the proposed
Kentucky program amendments dated November 25, 2019: KAR Chapter 10:001
Section 1, Subsection 26--Definition of ``Long term treatment''.
[FR Doc. 2023-20013 Filed 9-20-23; 8:45 am]
BILLING CODE 4310-05-P
