80 FR 33456 - Kentucky Regulatory Program
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 80, Issue 113 (June 12, 2015)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 80, Issue 113 (June 12, 2015)
| Page Range | 33456-33457 | |
| FR Document | 2015-14409 |
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)] [Proposed Rules] [Pages 33456-33457] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14409] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 917 [SATS No. KY-258-FOR; Docket ID: OSM-2015-0001; S1D1SSS08011000SX066A00067F144S180110; S2D2SSS08011000SX066A00033F14XS501520] Kentucky Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. ----------------------------------------------------------------------- SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSMRE), is announcing receipt of a proposed amendment to the Kentucky regulatory program (the Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky submitted this proposed amendment with the intent to clarify certain permit application requirements. Specifically, Kentucky proposes to amend the language of two provisions that outline the permit application requirements for an operator seeking to mine land with severed surface and mineral estates. This document gives the times and locations that the Kentucky 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 p.m., Eastern Standard Time (EST), July 13, 2015. If requested, we will hold a public hearing on the amendment on July 7, 2015. We will accept requests to speak at a hearing until 4:00 p.m., EST on June 29, 2015. ADDRESSES: You may submit comments, identified by SATS No. KY-258-FOR and Docket ID OSM-2015-0001, by either of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. The proposed rule has been assigned Docket ID OSM-2015-0001. If you would like to submit comments via the Federal eRulemaking portal, go to www.regulations.gov and follow the instructions. Mail/Hand Delivery: Mr. Robert Evans, Field Office Director, Lexington Field Office, Office of Surface Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 40503. Email: [email protected]. Fax: (859) 260-8410. 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, 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 www.regulations.gov. Mr. Robert Evans, Field Office Director, Lexington Field Office, Office of Surface Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 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. Steve Hohmann, Commissioner, Kentucky Department for Natural Resources, 2 Hudson Hollow, Frankfort, Kentucky 40601, Telephone: (502) 564-6940. Email: [email protected]. FOR FURTHER INFORMATION CONTACT: Mr. Robert Evans, Office of Surface Mining Reclamation and Enforcement, 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. 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 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 this Act . . .; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Kentucky program on May 18, 1982. You can find background information on the Kentucky program, including the Secretary's findings, the disposition of comments, and conditions of approval, in the May 18, 1982, Federal Register (47 FR 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 By letter dated January 29, 2015 (Administrative Record No. KY- 2001), the Kentucky Department for Natural Resources (KYDNR) submitted an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). SMCRA sets forth the minimum application requirements for approval of a permit at section 510. When the mineral estate has been severed from the private surface estate, section 510(b)(6) of SMCRA provides that an operator [[Page 33457]] must submit a permit application demonstrating one of the following to establish right of entry and right to mine: (1) The written consent of the surface owner to the extraction of coal by surface mining methods, (2) a conveyance expressly granting or reserving the right to extract coal by surface mining methods, or (3) if the conveyance is silent regarding the right to extract coal, the regulatory authority is required to determine the ``surface-subsurface legal relationship'' in accordance with the State law. Moreover, SMCRA clarifies, at section 510(b)(6)(c), that the regulatory authority does not have the authority to adjudicate property rights disputes. Currently, the Kentucky program requires a permit applicant to submit proof of its legal right to enter and commence surface or underground mining activities within the proposed permit area. The applicant is also required to explain the legal rights claimed and identify whether that right is the subject of pending litigation, among other application requirements. When the proposed land to be mined involves severed estates where the conveyance does not expressly grant the right to extract coal by surface mining methods and the operator has not obtained the written consent of all surface owners, the approved Kentucky program provides that the submission of a copy of the original instrument of severance and documentation that under applicable State law, the applicant has the legal authority to extract the coal by those methods is sufficient to demonstrate a right of entry and right to surface mine. KYDNR now seeks to revise section 4 of 405 KAR 8:030 for surface coal mining permits, and 405 KAR 8:040 for underground coal mining permits. Specifically, KYDNR proposes to modify section 4(2)(c) to contain language that it believes clarifies the applicant's duty to demonstrate a right of entry and right to mine when the private surface estate and mineral estate has been severed. This revision proposes to remove the language in the current Kentucky program that requires the applicant to provide a copy of the original severance instrument. The proposed amendment would also move the proviso that the regulatory authority is prohibited from adjudicating property rights disputes into a new section, located at section 4(3) of 405 KAR 8:030 and 8:040. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at www.regulations.gov. 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 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 p.m., EST on June 29, 2015. 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. Procedural Determinations Executive Order 12866--Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866. 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. Dated: March 30, 2015. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2015-14409 Filed 6-11-15; 8:45 am] BILLING CODE 4310-05-P
![33456 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules
7701(a)(43)) with respect to the Specifically, Kentucky proposes to Enforcement, 2675 Regency Road,
transferor corporation’s gain. A Gain amend the language of two provisions Lexington, Kentucky 40503, Telephone:
Elimination Transaction includes that outline the permit application (859) 260–3900. Email:
(without limitation) a reorganization requirements for an operator seeking to bevans@osmre.gov.
under section 368(a) in which the mine land with severed surface and In addition, you may review a copy of
Corporate Partner and the Distributed mineral estates. the amendment during regular business
Corporation combine, and a distribution This document gives the times and hours at the following location:
of the Distributed Stock by the locations that the Kentucky program Mr. Steve Hohmann, Commissioner,
Corporate Partner to which section and this proposed amendment to that Kentucky Department for Natural
355(c)(1) or 361(c)(1) applies. program are available for your Resources, 2 Hudson Hollow, Frankfort,
(d) Tiered partnerships. The rules of inspection, the comment period during Kentucky 40601, Telephone: (502) 564–
this section shall apply to tiered which you may submit written 6940. Email: Steve.Hohmann@ky.gov.
partnerships in a manner that is comments on the amendment, and the FOR FURTHER INFORMATION CONTACT: Mr.
consistent with the purposes of section procedures that we will follow for the Robert Evans, Office of Surface Mining
732(f). public hearing, if one is requested. Reclamation and Enforcement,
(e) Effective/applicability date. The DATES: We will accept written Telephone: (859) 260–3900. Email:
rules governing aggregation of basis in comments on this amendment until 4 bevans@osmre.gov.
paragraph (b) of these regulations apply p.m., Eastern Standard Time (EST), July SUPPLEMENTARY INFORMATION:
to distributions occurring on or after the 13, 2015. If requested, we will hold a I. Background on the Kentucky Program
date these regulations are published as public hearing on the amendment on II. Description of the Proposed Amendment
final regulations in the Federal Register. July 7, 2015. We will accept requests to III. Public Comment Procedures
The rules governing gain elimination speak at a hearing until 4:00 p.m., EST IV. Procedural Determinations
transactions in paragraph (c) of this on June 29, 2015.
section apply to transactions occurring ADDRESSES: You may submit comments, I. Background on the Kentucky
on or after the date these regulations are identified by SATS No. KY–258–FOR Program
published as final regulations in the and Docket ID OSM–2015–0001, by Section 503(a) of the Act permits a
Federal Register. The rules governing either of the following methods: State to assume primacy for the
tiered partnerships in paragraph (d) of • Federal eRulemaking Portal: http:// regulation of surface coal mining and
this section apply to distributions and www.regulations.gov. The proposed rule reclamation operations on non-Federal
transactions occurring on or after the has been assigned Docket ID OSM– and non-Indian lands within its borders
date these regulations are published as 2015–0001. If you would like to submit by demonstrating that its program
final regulations in the Federal Register. comments via the Federal eRulemaking includes, among other things, ‘‘. . . a
John Dalrymple, portal, go to www.regulations.gov and State law which provides for the
Deputy Commissioner for Services and follow the instructions. regulation of surface coal mining and
Enforcement. • Mail/Hand Delivery: Mr. Robert reclamation operations in accordance
[FR Doc. 2015–14404 Filed 6–11–15; 8:45 am] Evans, Field Office Director, Lexington with the requirements of this Act . . .;
BILLING CODE 4830–01–P
Field Office, Office of Surface Mining and rules and regulations consistent
Reclamation and Enforcement, 2675 with regulations issued by the Secretary
Regency Road, Lexington, Kentucky pursuant to this Act.’’ See 30 U.S.C.
40503. 1253(a)(1) and (7). On the basis of these
DEPARTMENT OF THE INTERIOR • Email: bevans@osmre.gov. criteria, the Secretary of the Interior
Office of Surface Mining Reclamation • Fax: (859) 260–8410. conditionally approved the Kentucky
and Enforcement Instructions: All submissions received program on May 18, 1982. You can find
must include the agency name and background information on the
30 CFR Part 917 docket number for this rulemaking. For Kentucky program, including the
detailed instructions on submitting Secretary’s findings, the disposition of
[SATS No. KY–258–FOR; Docket ID: OSM– comments and additional information comments, and conditions of approval,
2015–0001; S1D1SSS08011000SX066A0006 on the rulemaking process, see the in the May 18, 1982, Federal Register
7F144S180110; S2D2SSS08011000SX066A ‘‘Public Comment Procedures’’ heading (47 FR 21434). You can also find later
00033F14XS501520] of the SUPPLEMENTARY INFORMATION actions concerning the Kentucky
Kentucky Regulatory Program section of this document. program and program amendments at 30
Docket: For access to the docket to CFR 917.11, 917.12, 917.13, 917.15,
AGENCY: Office of Surface Mining review copies of the Kentucky program, 917.16, and 917.17.
Reclamation and Enforcement, Interior. this amendment, a listing of any
scheduled public hearings, and all II. Description of the Proposed
ACTION: Proposed rule; public comment
written comments received in response Amendment
period and opportunity for public
hearing on proposed amendment. to this document, you must go to the By letter dated January 29, 2015
address listed below during normal (Administrative Record No. KY–2001),
SUMMARY: The Office of Surface Mining business hours, Monday through Friday, the Kentucky Department for Natural
Reclamation and Enforcement (OSMRE), excluding holidays. You may receive Resources (KYDNR) submitted an
srobinson on DSK5SPTVN1PROD with PROPOSALS
is announcing receipt of a proposed one free copy of the amendment by amendment to its program under
amendment to the Kentucky regulatory contacting OSMRE’s Lexington Field SMCRA (30 U.S.C. 1201 et seq.).
program (the Kentucky program) under Office or the full text of the program SMCRA sets forth the minimum
the Surface Mining Control and amendment is available for you to read application requirements for approval of
Reclamation Act of 1977 (SMCRA or the at www.regulations.gov. a permit at section 510. When the
Act). Kentucky submitted this proposed Mr. Robert Evans, Field Office mineral estate has been severed from the
amendment with the intent to clarify Director, Lexington Field Office, Office private surface estate, section 510(b)(6)
certain permit application requirements. of Surface Mining Reclamation and of SMCRA provides that an operator
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![Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules 33457
must submit a permit application III. Public Comment Procedures has been given an opportunity to be
demonstrating one of the following to Under the provisions of 30 CFR heard. If you are in the audience and
establish right of entry and right to 732.17(h), we are seeking your have not been scheduled to speak and
mine: (1) The written consent of the comments on whether the amendment wish to do so, you will be allowed to
surface owner to the extraction of coal satisfies the applicable program speak after those who have been
by surface mining methods, (2) a approval criteria of 30 CFR 732.15. If we scheduled. We will end the hearing after
conveyance expressly granting or approve the amendment, it will become everyone scheduled to speak and others
reserving the right to extract coal by part of the State program. present in the audience who wish to
surface mining methods, or (3) if the speak, have been heard.
conveyance is silent regarding the right Electronic or Written Comments
to extract coal, the regulatory authority If you submit written or electronic Public Meeting
is required to determine the ‘‘surface- comments on the proposed rule during
subsurface legal relationship’’ in the 30-day comment period, they should If only one person requests an
accordance with the State law. be specific, confined to issues pertinent opportunity to speak, we may hold a
Moreover, SMCRA clarifies, at section to the proposed regulations, and explain public meeting rather than a public
510(b)(6)(c), that the regulatory the reason for any recommended hearing. If you wish to meet with us to
authority does not have the authority to change(s). We appreciate any and all discuss the amendment, please request
adjudicate property rights disputes. comments, but those most useful and a meeting by contacting the person
Currently, the Kentucky program likely to influence decisions on the final listed under FOR FURTHER INFORMATION
requires a permit applicant to submit regulations will be those that either CONTACT. All such meetings are open to
proof of its legal right to enter and involve personal experience or include the public and, if possible, we will post
commence surface or underground citations to and analyses of SMCRA, its notices of meetings at the locations
mining activities within the proposed legislative history, its implementing listed under ADDRESSES. We will make
permit area. The applicant is also regulations, case law, other pertinent a written summary of each meeting a
required to explain the legal rights State or Federal laws or regulations, part of the administrative record.
claimed and identify whether that right technical literature, or other relevant
is the subject of pending litigation, publications. IV. Procedural Determinations
among other application requirements. We cannot ensure that comments Executive Order 12866—Regulatory
When the proposed land to be mined received after the close of the comment
Planning and Review
involves severed estates where the period (see DATES) or sent to an address
conveyance does not expressly grant the other than those listed (see ADDRESSES) This rule is exempted from review by
right to extract coal by surface mining will be included in the docket for this the Office of Management and Budget
methods and the operator has not rulemaking and considered. (OMB) under Executive Order 12866.
obtained the written consent of all Public Availability of Comments
surface owners, the approved Kentucky Other Laws and Executive Orders
Before including your address, phone Affecting Rulemaking
program provides that the submission of
number, email address, or other
a copy of the original instrument of When a State submits a program
personal identifying information in your
severance and documentation that amendment to OSMRE for review, our
comment, you should be aware that
under applicable State law, the
your entire comment including your regulations at 30 CFR 732.17(h) require
applicant has the legal authority to
personal identifying information, may us to publish a notice in the Federal
extract the coal by those methods is be made publicly available at any time. Register indicating receipt of the
sufficient to demonstrate a right of entry While you can ask us in your comment
and right to surface mine. proposed amendment, its text or a
to withhold your personal identifying summary of its terms, and an
KYDNR now seeks to revise section 4 information from public review, we
of 405 KAR 8:030 for surface coal opportunity for public comment. We
cannot guarantee that we will be able to conclude our review of the proposed
mining permits, and 405 KAR 8:040 for do so.
underground coal mining permits. amendment after the close of the public
Specifically, KYDNR proposes to Public Hearing comment period and determine whether
modify section 4(2)(c) to contain If you wish to speak at the public the amendment should be approved,
language that it believes clarifies the hearing, contact the person listed under approved in part, or not approved. At
applicant’s duty to demonstrate a right FOR FURTHER INFORMATION CONTACT by 4 that time, we will also make the
of entry and right to mine when the p.m., EST on June 29, 2015. If you are determinations and certifications
private surface estate and mineral estate disabled and need reasonable required by the various laws and
has been severed. This revision accommodations to attend a public executive orders governing the
proposes to remove the language in the hearing, contact the person listed under rulemaking process and include them in
current Kentucky program that requires FOR FURTHER INFORMATION CONTACT. We the final rule.
the applicant to provide a copy of the will arrange the location and time of the
original severance instrument. The List of Subjects in 30 CFR Part 917
hearing with those persons requesting
proposed amendment would also move the hearing. If no one requests an Intergovernmental relations, Surface
the proviso that the regulatory authority opportunity to speak, we will not hold
srobinson on DSK5SPTVN1PROD with PROPOSALS
mining, Underground mining.
is prohibited from adjudicating property a hearing.
rights disputes into a new section, To assist the transcriber and ensure an Dated: March 30, 2015.
located at section 4(3) of 405 KAR 8:030 accurate record, we request, if possible, Thomas D. Shope,
and 8:040. that each person who speaks at the Regional Director, Appalachian Region.
The full text of the program public hearing provide us with a written [FR Doc. 2015–14409 Filed 6–11–15; 8:45 am]
amendment is available for you to read copy of his or her comments. The public BILLING CODE 4310–05–P
at the locations listed above under hearing will continue on the specified
ADDRESSES or at www.regulations.gov. date until everyone scheduled to speak
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Document Created: 2018-02-22 10:16:04
Document Modified: 2018-02-22 10:16:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; public comment period and opportunity for public hearing on proposed amendment. | |
| Dates | We will accept written comments on this amendment until 4 p.m., Eastern Standard Time (EST), July 13, 2015. If requested, we will hold a public hearing on the amendment on July 7, 2015. We will accept requests to speak at a hearing until 4:00 p.m., EST on June 29, 2015. | |
| Contact | Mr. Robert Evans, Office of Surface Mining Reclamation and Enforcement, Telephone: (859) 260-3900. Email: [email protected] | |
| FR Citation | 80 FR 33456 | |
| CFR Associated | Intergovernmental Relations; Surface Mining and Underground Mining |
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