[Federal Register Volume 63, Number 232 (Thursday, December 3, 1998)]
[Proposed Rules]
[Pages 66774-66776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32187]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

[NM-037-FOR]


New Mexico Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
announcing receipt of revisions and additional explanatory information 
pertaining to 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 and additional explanatory information for New Mexico's 
proposed rules pertain to permit application contents for operations 
exclusively under reclamation and the timing of backfilling and 
grading. The amendment is intended to revise the New Mexico program to 
incorporate the additional flexibility afforded by the revised Federal 
regulations, as amended, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.s.t. December 
18, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to 
Willis L. Gainer 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.

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

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 March 11, 1996, New Mexico submitted a proposed 
amendment (administrative record No. NM-773) to its program pursuant to

[[Page 66775]]

SMCRA (30 U.S.C. 1201 et seq.). OSM announced receipt of the proposed 
amendment in the March 26, 1996, Federal Register (61 FR 13117; 
administrative record No. NM-802), provided an opportunity for a public 
hearing or meeting on its substantive adequacy, and invited public 
comment on its adequacy. Because no none requested a public hearing or 
meeting, none was held. The public comment period ended on April 25, 
1996.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of Coal Surface Mining Commission (CSMC) 
Rules 80-1-5-23(a) and 80-1-15-11 through 80-1-15-27, minimum 
requirements for permit applications concerning coal mining operations 
exclusively under reclamation, and CSMC Rule 80-1-20-101(a)(1) and (3), 
timing of backfilling and grading. OSM notified New Mexico of the 
concerns by letter dated May 15, 1996 (administrative record No. NM-
885).
    Please note that by letter dated January 6, 1998, New Mexico 
submitted a proposed amendment (administrative record No. NM-795) to 
recodify the New Mexico Surface Coal Mining Regulations. New Mexico 
recodified its rules 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 
(Cold Surface Mining) of the New Mexico Administrative Code (19 NMAC 
8.2), Subparts 1 through 34. No substantive changes to the text of the 
rules were proposed. OSM approved the recodification of New Mexico's 
rules on June 8, 1998 (63 FR 31112, administrative record No. NM-805). 
For purposes of clarity, OSM will hereinafter give both the recodified 
and the old citations of New Mexico's proposed revisions that are the 
subject of this document.
    New Mexico responded in a letter dated November 9, 1998, by 
submitting a revised amendment and additional explanatory information 
(administrative record No. NM-803). New Mexico proposes to further 
revise its program by (1) withdrawing it's proposed revision of 19 NMAC 
8.2 505.A (old CSMC Rule 80-1-5-23(a)) and withdrawing in its entirety 
the proposed addition of Subpart 15 (old CSMC Rules 80-1-15-11 through 
80-1-15-27), concerning minimum requirements for permit applications 
pertaining to coal mining operations exclusively under reclamation, and 
(2) revising and submitting additional explanatory information for 19 
NNMAC 8.2 2054.A (old CSMC Rules 80-1-20-101(a)), concerning the timing 
of backfilling and grading.
    Specifically, New Mexico proposes to:
    (1) Withdraw it's proposed revision at 19 NMAC 8.2 505.A (old CSMC 
Rule 80-1-5-23(a)) and withdraw in its entirety the proposed addition 
of Subpart 15 (old CSMC Rules 80-1-15-11 through 80-1-15-27), 
concerning minimum requirements for permit applications pertaining to 
coal mining operations exclusively under reclamation;
    (2) Submit additional explanatory information for 19 NMAC 8.2 
2054.A (old CSMC Rules 80-1-20-101(a)), pertaining to timing of 
backfilling and grading; and
    (3) Further amended proposed 19 NMAC 8.2 2054.A by (a) revising 
2054.A(2), pertaining to open pit mining, to allow for an annual 
backfilling and grading schedule based on either time or distance; (b) 
revising 2054.A(4), pertaining to surface areas disturbed incidental to 
underground mining activities, to require backfilling and grading in 
accordance with an annual time schedule; and (c) adding 2054.A(5), 
pertaining to any final pit at the completion of mining activities, to 
require that rough backfilling and grading occur in accordance with a 
time schedule approved by the Director of the New Mexico program.

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 Alburquerque 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 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 sepcific 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.

[[Page 66776]]

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

    Intergovermental relations, Surface mining, Underground mining.

    Dated: November 24, 1998.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center
[FR Doc. 98-32187 Filed 12-2-98; 8:45 am]
BILLING CODE 4310-05-M