Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
42.455(8),
177.977,
177.9771
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
174.080(2) and
177.977(2)
authorize the Transportation Cabinet to promulgate administrative regulations
regarding the designation of the official coal-haul highway system. Reporting
by shippers or owners of coal or coal by-products is necessary for the annual
preparation and publication of the report of the coal-haul highway system. This
administrative regulation designates the procedures and intervals by which
information shall be reported to the cabinet by a shipper or owner.
Section 1. Definitions.
(1) "Coal by-product" means:
(a) Bottom ash;
(b) Burned coal waste known as red
dog;
(c) Coal cinders;
(d) Coal slag;
(e) Fly ash;
(f) Scrubber sludge; or
(g) Wet bottom boiler slag.
(2) "First interval" means January
1 through June 30.
(3) "Interval"
means a semiannual reporting period.
(4) "Owner" means an individual, partnership,
joint venture, association or corporation that owns the coal at the time of
transport.
(5) "Second interval"
means July 1 through December 31.
Section 2. Reporting Requirements.
(1) An owner shall file with the cabinet form
TC 59-100, "Coal Shipment Route and Tonnage Report", within thirty (30) days
after the interval in which coal is shipped over a:
(a) Road; or
(b) Rural and secondary road.
(2) A form TC 59-100 shall be
filed for the shipment of coal to or from the following:
(a) Mine mouth or pit;
(b) Processing plant;
(c) Tipple;
(d) Loading dock; or
(e) Customer.
(3) Form TC 59-100 shall be completed by
providing the following information about the coal being reported:
(a) Origin;
(b) Destination;
(c) Tonnage; and
(d) Specific route used for transportation of
the coal with approximate mileage.
(4) Form TC 59-100 shall be mailed
semiannually in December and June by the Division of Planning, Transportation
Cabinet to various entities involved with mining, processing, transporting, or
brokering coal.
(5) Nonreceipt of
Form TC 59-100 shall not excuse the failure to submit the required
information.
Section 3.
Reporting Responsibility.
(1) It shall be the
exclusive responsibility of an owner of coal transported over a road or rural
and secondary road to ensure that the coal transportation is reported
accurately to the Transportation Cabinet. The reporting may be done by the:
(a) Owner;
(b) Owner's agent;
(c) Contractor;
(d) Processor; or
(e) Shipper.
(2)
(a) An
owner who doesn't ship coal during an interval shall inform the cabinet of that
fact on or before the due date for that interval's report.
(b) An owner who does not have an active coal
severance tax number or is not engaged in the transportation of coal, may
notify the cabinet of the nature of his operation and have his name temporarily
or permanently removed from the cabinet's mailing list.
Section 4. Reconciliation of Data.
(1) Prior to finalizing the report, the
Division of Transportation Planning may:
(a)
Delete duplicate information;
(b)
Reconcile an ambiguity;
(c) Correct
an error;
(d) Consider a prior year
report; and
(e) Consider other
relevant information concerning a coal transportation route.
(2) The entity reporting the data
shall not report a correction to the reported data after it has been compiled
and submitted to the Department of Local Government as required by
KRS
42.455.
(3) If the Transportation Cabinet
misinterprets data submitted pursuant to Section 3 of this administrative
regulation, causing the Department of Local Government to make an erroneous
calculation in the distribution of the coal severance tax, the cabinet shall
notify the Department of Local Government of the necessary change.
Section 5. Reporting of Coal
By-products.
(1) Coal by-product
transportation information may be reported to the Transportation Cabinet in the
same manner as coal transportation information and on the same form designated
and furnished by the cabinet.
(2)
Coal by-product information shall be reported separately from the information
required on coal transportation. Across the top of the TC 59-100 Form the
person reporting the shipment of coal byproduct shall clearly type or mark in
all capital letters "MATERIAL SHIPPED IS COAL BYPRODUCT, NOT COAL."
Section 6. Extended Weight Coal
and Coal By-products Haul System.
(1) The
data collected and compiled from Form TC 59-100 shall be the basis for the
Transportation Cabinet's designating the road segments included in the Extended
Weight Coal or Coal By-products Haul System in
603
KAR 5:230.
(2) Failure of an owner to submit the
required data relative to the transportation of either coal or a coal
by-product may result in the omission of a road segment from inclusion in
603
KAR 5:230.
Section 7. Material Incorporated by
Reference.
(1) Transportation Cabinet Form TC
59-100, "Coal Shipment Route and Tonnage Report" as effective July 1996, is
incorporated by reference in this administrative regulation.
(2) Copies of the material incorporated by
reference may be viewed, copied, or obtained from the Transportation Cabinet,
Division of Planning, Transportation Cabinet Building, 200 Mero Street,
Frankfort Kentucky 40622. The office hours are 8 a.m. to 4:30 p.m. local
prevailing time on weekdays. The telephone number is (502) 564-7183.
8 Ky.R. 952; eff.
4-7-1982; 13 Ky.R. 1257; eff. 2-10-1987; 15 Ky.R. 551; 1092; eff. 11-1-1988; 22
Ky.R. 789; eff. 1-8-1996; 23 Ky.R. 2266; 2985; eff. 2-10-1997; TAm eff.
6-4-2009; Crt eff. 3-11-2019.
STATUTORY AUTHORITY:
KRS
42.455(8),
174.080(2),
177.977(2)
