[Federal Register Volume 73, Number 8 (Friday, January 11, 2008)]
[Proposed Rules]
[Pages 1983-1986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-359]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

[Docket ID: OSM-2007-0021; SATS No. NM-047-FOR]


New Mexico Regulatory Program

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

[[Page 1984]]


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

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SUMMARY: We are 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 or 
the Act). New Mexico is proposing additions of and revisions to the New 
Mexico Annotated Code (NMAC) to improve and clarify the public 
notification process during permitting actions, to correct outdated 
citations, to comply with formatting requirements for New Mexico 
administrative law; the revisions also include non-substantive 
editorial changes. New Mexico revised its program to provide additional 
safeguards, clarify ambiguities, and achieve stylistic consistency.
    This document gives the times and locations that the New Mexico 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
mountain standard time February 11, 2008. If requested, we will hold a 
public hearing on the amendment on February 5, 2008. We will accept 
requests to speak until 4 p.m., mountain standard time on January 28, 
2008.

ADDRESSES: You may submit comments by either of the following methods:
     Mail/Hand Delivery/Courier:
    Bob Postle, Branch Chief, Field Operations, Program Support 
Division, Western Region, Office of Surface Mining, Reclamation, and 
Enforcement, 505 Marquette Ave. NM Suite 1200, Albuquerque, NM 87102, 
Telephone: (505) 248-5070, Internet address: [email protected].
     Federal eRulemaking Portal: http://www.regulations.gov. 
The proposed rule is listed under the agency name ``OFFICE OF SURFACE 
MINING RECLAMATION AND ENFORCEMENT.'' The proposed rule has been 
assigned Docket ID: OSM-2007-0021.
    If you would like to submit comments through the Federal 
eRulemaking Portal, go to www.regulations.gov and do the following. 
Click on the ``Advanced Docket Search'' button on the right side of the 
screen. Type in the Docket ID OSM-2007-0021 and click the ``Submit'' 
button at the bottom of the page. The next screen will display the 
Docket for NM-047-FOR. If you click on OSM-2007-0021, you can view the 
proposed rule, add comments, and view any comments submitted by other 
persons.
    Docket: You may access the docket for this rulemaking at 
www.regulations.gov. Search for Docket ID: OSM-2007-0021. At 
www.regulations.gov, you may review and print a copy of the New Mexico 
program amendment, a listing of any scheduled public hearings, and all 
written comments received in response to this document. The information 
may also be obtained at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSM's Albuquerque 
Area Office.
    Bob Postle, Branch Chief, Field Operations, Program Support 
Division, Western Region, Office of Surface Mining Reclamation and 
Enforcement, 505 Marquette Ave. NM Suite 1200, Albuquerque, NM 87102, 
Telephone: (505) 248-5070.
    Bill Brancard, Director, Mining and Minerals Division, New Mexico 
Energy, Minerals, and Natural Resources Department, 1220 South St. 
Francis Drive, Sante Fe, New Mexico 87505, Telephone: (505) 476-3400.

FOR FURTHER INFORMATION CONTACT: Bob Postle, Telephone: (505) 248-5070, 
Internet address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the New Mexico Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the New Mexico Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (a)(7). 
On the basis of these criteria, the Secretary of the Interior 
conditionally approved the New Mexico program on December 31, 1980. You 
can find background information on the New Mexico program, including 
the Secretary's findings, the disposition of comments, and conditions 
of approval in the December 31, 1980, Federal Register (45 FR 86459). 
You can also find later actions concerning New Mexico's program and 
program amendments at 30 CFR 931.10, 931.11, 931.13, 931.15, 931.16, 
and 931.30.

II. Description of the Proposed Amendment

    By letter dated November 28, 2007, New Mexico sent us a proposed 
amendment to its program (SATS No. NM-047-FOR) under SMCRA (30 U.S.C. 
1201 et seq.). New Mexico proposed this amendment at its own 
initiative. The full text of the program amendment is available for you 
to read at the locations listed above under ADDRESSES.
    New Mexico proposes revisions to the New Mexico Annotated Code 
(NMAC) 19.8. New Mexico proposed the revisions to improve and clarify 
the public notification process during permitting actions, correct 
outdated citations, and comply with formatting requirements for New 
Mexico administrative law; these revisions include many non-substantive 
editorial changes which are not described below.
    Specifically, New Mexico proposes the following substantive 
revisions:
    NMAC 19.8.7.701.F requires the permit application to include the 
owner of record and residents of dwellings and structures within one-
half mile of any part of the proposed permit area (the previous 
requirement was limited to properties contiguous to any part of the 
proposed permit area).
    NMAC 19.8.8.812.D requires, consistent with the above proposed 
rule, that all dwellings and structures within one-half mile of the 
proposed permit area are included on the permit application maps (the 
previous rule required that only dwellings and structures within 1000 
feet be included on the maps).
    NMAC 19.8.11.1100.B(1) requires that notice of a permit application 
or permit revision be provided by at least three of the following 
methods: mailing a notice to the owners of record within one-half mile 
of the proposed permit area, posting a notice in four publicly 
accessible places, publishing a notice in a newspaper, and radio 
broadcasted public service announcements. If there is a significant 
non-English speaking population living within the area, a method to 
reach these people must be used.
    NMAC 19.8.11.1100.D(5) requires that written notifications shall be 
mailed to persons on a list maintained by the Director.
    NMAC 19.8.11.1100.E(3) requires that written notifications be 
posted on a Web site after an application is received.
    NMAC 19.8.11.1100.F require that the Director shall hold a public 
meeting

[[Page 1985]]

within 60 days of receipt of a completed application for a new permit 
or a permit revision.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the New Mexico program.

Written Comments

    Send your written or electronic comments to OSM at one of the two 
addresses given above (see ADDRESSES). Your comments should be 
specific, pertain only to the issues proposed in this rulemaking, and 
include explanations in support of your recommendations. We cannot 
ensure that comments received after the close of the comment period 
(see DATES) or sent to an address other than the two listed above will 
be included in the docket for this rulemaking and considered.

Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., mountain 
standard time, on January 28, 2008. If you are disabled and need 
reasonable accommodation to attend a public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT. We will arrange the 
location and time of the hearing with those persons requesting the 
hearing. If no one requests an opportunity to speak, we will not hold 
the hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the docket for this 
rulemaking.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the Federal regulations.

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.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior conducted the reviews required by 
section 3 of Executive Order 12988 and 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 because each 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.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles 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 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.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian Tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian Tribes, on the relationship between the 
Federal government and Indian Tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian Tribes. 
The rule does not involve or affect Indian Tribes in any way.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

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 certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities

[[Page 1986]]

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State 
submittal, which is the subject of this rule, is based on Federal 
regulations for which an analysis was prepared and certification made 
that such regulations would not have a significant economic effect on a 
substantial number of small entities. 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 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 analysis prepared for 
the Federal regulations.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based on Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulations did not impose an unfunded mandate.

List of Subjects in 30 CFR Part 931

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 7, 2007.
Allen D. Klein,
Regional Director, Western Regional Coordinating Center.
[FR Doc. E8-359 Filed 1-10-08; 8:45 am]
BILLING CODE 4310-05-P