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Kentucky Regulatory Program

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 [Federal Register: March 8, 2005 (Volume 70, Number 44)]
[Rules and Regulations]
[Page 11121-11123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr05-8]

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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917

Kentucky Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.
ACTION: Final rule.

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SUMMARY: This final rule removes a suspension notation from our
regulations pertaining to the Kentucky regulatory program (the
``Kentucky program''). The suspension prohibited the issuance of new
financial guarantees by the Kentucky Bond Pool because of insufficient
funds that had resulted from the transfer of funds out of the bond
pool. Kentucky has reimbursed its bond pool and the suspension notation
concerning that issue is being removed because it is no longer necessary.

EFFECTIVE DATE: March 8, 2005.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Telephone: (859)
260-8400. Telefax number: (859) 260-8410.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Program
II. Submission Information
III. OSM's Findings
IV. Procedural Determinations

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 State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C.

[[Page 11122]]

1253(a)(1) and (7). On the basis of these criteria, the Secretary of
the Interior conditionally approved the Kentucky program on May 18,
1982. You can find background information on the Kentucky program,
including the Secretary's findings, the disposition of comments, and
conditions of approval in the May 18, 1982, Federal Register (47 FR
21434). You can also find later actions concerning Kentucky's program
and program amendments at 30 CFR 917.11, 917.12, 917.13, 917.15, 917.16
and 917.17.

II. Submission Information

    In a Federal Register notice dated May 13, 2004, we published a
final rule indicating that we were not approving an amendment to the
Kentucky program (69 FR 26500). The amendment transferred $3,840,000
from the Kentucky Bond Pool Fund to the General Fund for the 2002-2003
and 2003-2004 fiscal years. In the same notice, we also suspended
Kentucky's use of the Bond Pool Fund to provide new financial
guarantees. Our decision was codified at 30 CFR 917.17(c). By letter
dated July 12, 2004, Kentucky notified us that $3,840,000 would be
transferred from the General Fund into the Bond Pool Fund by authority
of the Governor (Administrative Record No. KY-1629). By letter dated
July 15, 2004, we noted that Executive Order 2004-753 effected the
transfer of the $3,840,000 from the General Fund into the Bond Pool
Fund and notified Kentucky that the transfer satisfies our concerns and
that we were therefore terminating our suspension of the use of the
Bond Pool Fund (Administrative Record No. KY-1632).

III. OSM's Findings

    As a result of the transfer of $3,840,000 into the Bond Pool Fund
as specified in the letter dated July 12, 2004, and our subsequent
termination of the suspension on July 15, 2004, the Director has
determined that the suspension notation at 30 CFR 917.17(c) is no
longer required, and should be removed. Accordingly, we are removing
the suspension notation.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. The removal of the
suspension notation at 30 CFR 917.17(c) merely acknowledges the
transfer of funds into the Kentucky Bond Pool by the State.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments

    In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
The basis for this determination is our decision on a State regulatory
program and does not involve a Federal regulation involving Indian lands.

Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
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 expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.

Administrative Procedure Act

    This final rule has been issued without prior notice or opportunity
for public comment. The Administrative Procedure Act (APA) (5 U.S.C.
553) provides an exception to the notice and comment procedures when an
agency finds there is good cause for dispensing with such procedures on
the basis that they are unnecessary. We have determined that under 5
U.S.C. 553(b)(3)(B), good cause exists for dispensing with the notice
of proposed rulemaking and public comment procedures. For the reasons
previously stated, the rule removes a suspension status notation from
the Code of Federal Regulations at 30 CFR 917.17(c). This action does
not constitute our decision to terminate the suspension of Kentucky's
use of the Bond Pool Fund. That decision was made on July 15, 2004.
Rather, the removal of the suspension notation pertaining to the use of
the Bond Pool Fund merely acknowledges the return of the $3,840,000
previously transferred out of the Bond Pool Fund, and our July 15,
2004, decision to terminate our suspension. When we removed the
suspension, we reactivated that portion of the State regulatory program
previously approved. For these same reasons, we believe there is good
cause under 5 U.S.C. 553(d)(3) of the APA to have the rule become
effective on a date that is less than 30 days after the date of
publication in the Federal Register.

National Environmental Policy Act

    This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute

[[Page 11123]]

major Federal actions within the meaning of section 102(2)(C) of the
National Environmental Policy Act (42 U.S.C. 4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that 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 removal of the suspension notation from 30 CFR 917.17(c)
acknowledges the transfer of funds by Kentucky into the Bond Pool Fund.
The July 15, 2004, removal of the suspension should increase bonding
options for coal operators and facilitate the approval of surface coal
mining operations within the State.

Small Business Regulatory Enforcement Fairness Act

    For the reasons previously discussed, 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.

Unfunded Mandates

    For the reasons previously discussed, this rule will not impose an
unfunded mandate on State, local, or tribal governments or the private
sector of $100 million or more in any given year.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 11, 2005.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.

? For the reasons set out in the preamble, 30 CFR part 917 is amended as
set forth below:

PART 917--KENTUCKY

? 1. The authority citation for part 917 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

Sec.  917.17  [Amended]

? 2. In Sec.  917.17, paragraph (c) is amended by removing the second
sentence.

[FR Doc. 05-4386 Filed 3-7-05; 8:45 am]
BILLING CODE 4310-05-P

 
 

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