[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28121]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

 

New Mexico Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the New 
Mexico regulatory program (hereinafter, the ``New Mexico program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment adds rules pertaining to the exemption for coal 
extraction incidental to the extraction of other minerals. The 
amendment is intended to revise the New Mexico program to be consistent 
with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., m.s.t., December 
15, 1994. If requested, a public hearing on the proposed amendment will 
be held on December 12, 1994. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.s.t., November 30, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett at the address listed below.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.
    Copies of the New Mexico program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the address listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Albuquerque Field Office.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of 
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., 
Suite 1200, Albuquerque, New Mexico 87102;
New Mexico Energy & Minerals Department, Mining and Minerals Division, 
2040 South Pacheco Street, Santa Fe, New Mexico 87505, Telephone: (505) 
827-5970.

FOR FURTHER INFORMATION CONTACT:
Thomas E. Ehmett, Telephone: (505) 766-1486.
SUPPLEMENTARY INFORMATION: .

I. Background on the New Mexico Program

    On December 31, 1980, the Secretary of the Interior conditionally 
approved the New Mexico program, General background information on the 
New Mexico program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the New Mexico program 
can be found in the December 31, 1980, Federal Register (45 FR 86459). 
Subsequent actions concerning New Mexico's program and program 
amendments can be found at 30 CFR 931.11, 931.15, 931,16, and 931.30.

II. Proposed Amendment

    By letter dated October 26, 1994, New Mexico submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
NM-716). New Mexico submitted the proposed amendment in response to a 
February 7, 1990, letter (administrative record No. NM-563) that OSM 
sent to New Mexico in accordance with 30 CFR 732.17(c). New Mexico did 
so with the intent of making its rules consistent with the 
corresponding Federal regulations. New Mexico proposes to add new rules 
to implement Section 69-25A-1 through 35 of the New Mexico Surface 
Mining Act concerning the extraction of coal incidental to the 
extraction of other minerals where coal does not exceed 16 and 2/3 
percent of the total tonnage of coal and other minerals removed for 
purposes of commercial use or sale. The provisions of Coal Surface 
Mining Commission (CSMC) Rule 80-1 that New Mexico proposes to add are 
at new Chapter O, Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals, and include sections 34-1, scope; 34-2, 
definitions; 34-3, application requirements and procedures; 34-4, 
contents of application for exemption; 34-5, public availability of 
information; 34-6, requirements for exemption; 34-7, conditions of 
exemption and right of inspection and entry; 34-8, stockpiling of 
minerals; 34-9, revocation and enforcement and; 34-10, reporting 
requirements.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the New Mexico program.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Albuquerque Field Office 
will not necessarily be considered in the final rulemaking or included 
in the administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
m.s.t., November 30, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to testify at the public hearing, the hearing will not 
be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) 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 since each such 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 12550) 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.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

4. 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.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined 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 State submittal that is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 931

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 7, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-28121 Filed 11-14-94; 8:45 am]
BILLING CODE 4310-05-M