[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31973]


[Federal Register: December 28, 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; reopening and extension of public comment period 
on proposed amendment.

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summary: OSM is announcing receipt of revisions pertaining to a 
previously 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 revisions for New 
Mexico's proposed rules pertain 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., January 
12, 1995.

addresses: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett at the address listed below.
    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 addresses 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 corresponding 
Federal regulations. New Mexico proposed new rules to implement 
Sections 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 2/3 percent of the total tonnage 
of coal and other minerals removed for purposes of commercial use or 
sale. The rules that New Mexico proposed to add were Coal Surface 
Mining Commission (CSMC) Rules 80-1-34-1, scope; 80-1-34-2, 
definitions; 80-1-34-3, application requirements and procedures; 80-1-
34-4, contents of application for exemption; 80-1-34-5, public 
availability of information; 80-1-34-6, requirements for exemption; 80-
1-34-7, conditions of exemption and right of inspection and entry; 80-
1-34-8, stockpiling of minerals; 80-1-34-9, revocation and enforcement; 
and 80-1-34-10, reporting requirements.
    OSM announced receipt of the proposed amendment in the November 15, 
1994, Federal Register (59 FR 58801), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record NO. NM-718). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on December 15, 1994.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of CSMC Rules 80-1-34-2, definition of 
``cumulative measurement period,'' and 80-1-34-9, administrative review 
of revocation decisions. OSM notified New Mexico of the concerns by 
letter dated December 20, 1994 (administrative record No. NM-724). New 
Mexico responded by submitting a revised amendment on December 20, 1994 
(administrative record No. NM-723).
    New Mexico proposed revisions at CSMC Rules 80-1-34-2, definition 
of ``cumulative measurement period,'' by adding a generic date as the 
effective date for annual revenue calculations, and at CSMC Rules 80-1-
34-9, administrative review of revocation decisions, by requiring that 
the request for administrative review by made in accordance with the 
procedures of CSMC Rules 80-1-12-11 rather than with the procedures of 
CSMC Rules 80-1-12-10.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed New Mexico 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the proposed amendment in light of the additional 
materials submitted. 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.
    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.

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: December 20, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-31973 Filed 12-27-94; 8:45 am]
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