[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]
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