[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Rules and Regulations]
[Pages 4671-4673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1474]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

[NM-041-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

[[Page 4672]]

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 DATE: January 18, 2001.

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 September 22, 2000, New Mexico submitted a proposed 
amendment to its program (administrative record No. NM-840) 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 October 23, 
2000, Federal Register (65 FR 63223), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. NM-842). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on November 22, 2000.

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 September 22, 2000, is no less effective 
than the corresponding Federal regulations and no less stringent than 
SMCRA. Accordingly, the Director approves the proposed amendment.

Minor Revisions to New Mexico's Rules

    New Mexico proposed recodification of previously-approved New 
Mexico Surface Coal Mining Regulations including revisions that are 
minor in nature, consisting of minor wording, editorial and punctuation 
changes. Specifically, New Mexico proposed to recodify its regulations 
from 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 to Title 19 (Natural 
Resources and Wildlife), Chapter 8, (Coal Mining) of the New Mexico 
Administrative Code (19.8 NMAC), Parts 1 through 34. In addition to the 
renumbering and reformatting, New Mexico proposed to revise the history 
references after each section and added to the rule history at the end 
of each part. No substantive changes to the text of the regulations 
were proposed.
    Because the proposed revisions to these previously-approved rules 
are minor 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 
(administrative record Nos. NM-841 and NM-842), 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-841). None were received.

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-841). 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-841). 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 September 22, 2000.
    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 Determination

Executive Order 12866--Regulatory Planning and Review

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

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart federal regulation.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the rules of the federal and state governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining

[[Page 4673]]

operations.'' Section 503(a)(1) of SMCRA requires that state laws 
regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that state programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 12988--Civil Justice Reform

    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.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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)).

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.).

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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: a. does not 
have an annual effect on the economy of $100 million; b. will not cause 
a major increase in costs or prices for consumers, individual 
industries, federal, state, or local government agencies, or geographic 
regions; and c. does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.
    This determination is based upon the fact that the state submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

Unfunded Mandates.

    OSM has determined and certifies under the Unfunded Mandates Reform 
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on any local, State, or tribal 
governments or private entities.

List of Subjects in 30 CFR Part 931

    Intergovernmental relations, Surface mining, Underground Mining.

    Dated: January 3, 2001.
Brent T. Wahlquist,
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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------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
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*                  *                  *                  *
                  *                  *                  *
September 22, 2000............  January 18, 2001.  19.8 NMAC Parts 1
                                                    through 34
                                                    (recodification)
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[FR Doc. 01-1474 Filed 1-17-01; 8:45 am]
BILLING CODE 4310-05-M