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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Proposed Rules
submit comments, go to http
www.regulations.gov. Follow the instructions for submitting comments.
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 or meetings, 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 OSMREs Lexington Field Office or the full text of the program amendment is available for you to read at https www.regulations.gov.
Mr. Michael Castle, Field Office Director, Lexington Field Office, Office of Surface Mining Reclamation and Enforcement, 2675 Regency Road, Lexington, KY 40503, Telephone: 859
2603900, Email: mcastle@osmre.gov.
In addition, you may review a copy of the amendment during regular business hours at the following location:
Mr. Gordon Slone, Commissioner, Department for Natural Resources, Kentucky Energy and Environment Cabinet, 3000 Sower Boulevard, Frankfort, KY 40601, Telephone: 502
5646940, Email: GordonR.Slone@
ky.gov.
Mr.
Michael Castle, Office of Surface Mining Reclamation and Enforcement, 2675
Regency Road, Lexington, KY 40503.
Telephone: 859 2603900; email:
mcastle@osmre.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Background on the Kentucky Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Statutory and Executive Order Reviews
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I. Background on the Kentucky Program Section 503a 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. 1253a1

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and 7. On the basis of 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 Secretarys 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.
II. Description of the Proposed Amendment By letter dated May 18, 2020, Administrative Record No. KY2005, Kentucky sent us an amendment to its program under SMCRA 30 U.S.C. 1201
et seq.. This submission is seeking to repeal administrative regulations at Title 405 of the Kentucky Administrative Regulations KAR
Chapter 26:001, Operation of two 2
acres or less, since such operations are no longer allowed in the Commonwealth. This submission also references changes and other minor revisions to the administrative regulations, which are not intended to change the meaning of, but rather, to clarify content or to comply with Chapter 13A of the Kentucky Revised Statutes KRS legislative drafting requirements. 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
732.17h, 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 changes. 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,
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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 4:00 p.m., e.d.t. on June 18, 2021. 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.

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