[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Rules and Regulations]
[Pages 31112-31114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15242]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

[NM-038-FOR]


New Mexico Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving 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). New Mexico proposed to 
recodify the New Mexico Surface Coal Mining Regulations. The amendment 
revised the State program to improve operational efficiency and ensure 
that the New Mexico Surface Coal Mining Regulations were codified 
according to the New Mexico administrative rules.

EFFECTIVE DATES: June 8, 1998.

FOR FURTHER INFORMATION CONTACT: Willis L. Gainer, Telephone: (505) 
248-5096, Internet address: [email protected].

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 January 6, 1998, New Mexico submitted a proposed 
amendment to its program (administrative record No. NM-795) pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). New Mexico submitted the proposed 
amendment at its own initiative. New Mexico proposed to recodify the 
New Mexico Surface Coal Mining Regulations.
    OSM announced receipt of the proposed amendment in the February 24, 
1998, Federal Register (63 FR 9165), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. NM-798). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on March 26, 1998.

III. Director's Findings.

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment, 
submitted by New Mexico on January 6, 1998, is no less effective than 
the corresponding Federal regulations and no less stringent than SMCRA. 
Accordingly, the Director approves the proposed amendment.

1. Nonsubstantive Revisions to New Mexico's Rules

    New Mexico proposed revisions to the previously-approved New Mexico 
Surface Coal Mining Regulations that are nonsubstantive in nature and 
consist of minor editorial, punctuation, grammatical, and 
recodification changes. Specifically, New Mexico proposed to recodify 
its regulations from Coal Surface Mining Code Rule 80-1 (CSMC Rule 80-
1), sections 1 through 15 and sections 19 through 34, to Title 19 
(Natural Resources and Wildlife, Chapter 8, (Coal Mining), Part 2 (Coal 
Surface Mining) of the New Mexico Administrative Code (19 NMAC 8.2), 
Subparts 1 through 34. No substantive changes to the text of the 
regulations were proposed.
    Because the proposed revisions to these previously-approved rules 
are

[[Page 31113]]

nonsubstantive in nature, the Director finds that these proposed New 
Mexico rules are no less effective than the Federal regulations at 
Title 30 (Mineral Resources), Chapter VII (Office of Surface Mining 
Reclamation and Enforcement, Department of the Interior), Parts 700 
through 887. The Director approves the proposed recodification of New 
Mexico's rules.

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's responses to 
them.

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the New Mexico program (administrative record No. 
NM-797).
    The U.S. Army Corps of Engineers responded on March 10, 1998, that 
the amendment is satisfactory (administrative record No. NM-800).
    The Natural Resources Conservation Service responded on March 11, 
1998, that it had no comments (administrative record No. 799).

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed amendment that relate to air or water quality standards 
promulgated under the authority of the Clean Water Act (33 U.S.C. 1251 
et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions that New Mexico proposed to make in its 
amendment pertain to air or water quality standards. Pursuant to 30 CFR 
732.17(h)(11)(i), OSM solicited comments on the proposed amendment from 
EPA (administrative record No. NM-797). It did not respond to OSM's 
request.

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (administrative record No. 
NM-797). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above finding, the Director approves New Mexico's 
proposed amendment as submitted on January 6, 1998.
    The Federal regulations at 30 CFR Part 931, codifying decisions 
concerning the New Mexico program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 1255) 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.

6. Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 931

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 21, 1998.
Peter A. Rutledge,
Acting Regional Director, Western Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 931--NEW MEXICO

    1. The authority citation for part 931 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 931.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 931.15   Approval of New Mexico regulatory program amendments.

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[[Page 31114]]



------------------------------------------------------------------------
     Original amendment           Date of final                         
       submission date             publication      Citation/description
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*                  *                  *                  *              
                  *                  *                  *               
January 6, 1998.............  June 8, 1998........  19 NMAC 8.2,        
                                                     Subparts 1 through 
                                                     34                 
                                                     (recodification).  
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[FR Doc. 98-15242 Filed 6-5-98; 8:45 am]
BILLING CODE 4310-05-M