[Federal Register: March 30, 2004 (Volume 69, Number 61)]
[Proposed Rules]
[Page 16511-16512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr04-29]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 917
[KY-244-FOR]
Kentucky Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: We are reopening the public comment period on 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 has submitted additional information in the form of
an actuarial report. The report is an actuarial analysis of the
Kentucky Bond Pool Fund performed by the Madison Consulting Group.
DATES: We will accept written comments on this amendment until 4 p.m.,
e.s.t., April 14, 2004.
ADDRESSES: You should mail or hand deliver written comments to William
J. Kovacic at the address listed below.
You may review copies of the Kentucky program, this amendment, the
actuarial report, and all written comments received in response to this
document at the addresses listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting OSM's Lexington Field Office.
William J. Kovacic, Lexington Field Office, Office of Surface Mining
Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky
40503, Telephone: (859) 260-8400, Fax: (859) 260-8410.
Department for Natural Resources, 2 Hudson Hollow Complex, Frankfort,
Kentucky 40601, Telephone: (502) 564-6940.
FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Telephone: (859)
260-8400.
SUPPLEMENTARY INFORMATION:
I. Background on the Kentucky Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
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 the Act* * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to the 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 of
the Kentucky program 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. Description of the Proposed Amendment
By letter dated May 22, 2003, Kentucky sent us a proposed amendment
to its program ([KY-244], Administrative Record No. KY-1580) under
SMCRA (30 U.S.C. 1201 et seq.). Kentucky submitted a portion of House
Bill 269, the executive branch budget bill, promulgated by the 2003
Kentucky General Assembly.
Specifically, Kentucky proposes to transfer $3,000,000 from the
Bond Pool Fund (the Fund) established in Kentucky Revised Statute
350.700 to the Commonwealth's General Fund for the 2002-2003 fiscal
year. The transfer appears on page 225, line 21 and is listed under
Part V, Section J, item 5 of House Bill 269. The full text of the
program amendment is available for you to read at the locations listed
above under ADDRESSES.
We announced receipt of the proposed amendment in the July 16,
2003, Federal Register (68 FR 41980), and in the same document invited
public comment and provided an opportunity for a public hearing on the
adequacy of the proposed amendment. The public comment period closed on
August 15, 2003. Please refer to the July 16, 2003, Federal Register,
for additional background information.
By letter dated July 10, 2003, we requested additional information
from Kentucky in the form of a financial analysis (Administrative
Record No. KY-1584). We asked that the analysis specifically
demonstrate that the transfer of funds would not adversely impact the
Fund's ability to complete the reclamation plan for any area which may
be in default at any time as required by 30 CFR 800.11(e). By letter
dated August 14, 2003, Kentucky responded by stating the Madison
Consulting Group would perform an actuarial review of the Fund
(Administrative Record No. KY-1599). By letter dated March 3, 2004, the
Department for Natural Resources (formerly the Department for Surface
Mining Reclamation and Enforcement) transmitted the Kentucky Bond Pool
Actuarial Report to us (Administrative Record No. KY-1615). The
actuarial review covers the time period July 1, 2000, through June 30,
2003. The full text is available for you to read at the locations
listed above at ADDRESSES. The key findings of the report are
summarized here. The report concluded that the Fund:
1. Should be able to ``reasonably withstand the failure of any two
of its member companies'' to be actuarially sound and viable on a long-
term basis (p. 7);
2. is ``currently not able to reasonably provide for the `two
failure' funding scenario up to a 75 percent confidence level'' (p. 8);
3. needs to increase its assets ``so as to provide for potential
liabilities and future growth'' (p. 8); and
4. is in a less favorable financial situation than the last
analysis completed for the period ending June 30, 2000 (p. 8).
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 program.
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. In the final rulemaking, we will not
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necessarily consider or include in the administrative record any
comments received after the time indicated under DATES or at locations
other than the Lexington Field Office.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 10, 2004.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 04-6985 Filed 3-29-04; 8:45 am]
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