New Mexico Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

New Mexico Regulatory Program

agency: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

action: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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summary: OSM is announcing receipt of revisions pertaining to a

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 for New

Mexico's proposed rules pertain to the exemption for coal extraction

incidental to the extraction of other minerals. The amendment is

intended to revise the New Mexico program to be consistent with the

corresponding Federal regulations.

dates: Written comments must be received by 4:00 p.m., m.s.t., January

12, 1995.

addresses: Written comments should be mailed or hand delivered to

Thomas E. Ehmett 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.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of

Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW.,

Suite 1200, Albuquerque, New Mexico 87102.

New Mexico Energy & Minerals Department, Mining and Minerals Division,

2040 South Pacheco Street, Santa Fe, New Mexico 87505, Telephone: (505)

827-5970.

FOR FURTHER INFORMATION CONTACT: Thomas E. Ehmett, Telephone: (505)

766-1486.

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 October 26, 1994, New Mexico submitted a proposed

amendment to its program pursuant to SMCRA (administrative record No.

NM-716). New Mexico submitted the proposed amendment in response to a

February 7, 1990, letter (administrative record No. NM-563) that OSM

sent to New Mexico in accordance with 30 CFR 732.17(c). New Mexico did

so with the intent of making its rules consistent with corresponding

Federal regulations. New Mexico proposed new rules to implement

Sections 69-25A-1 through 35 of the New Mexico Surface Mining Act

concerning the extraction of coal incidental to the extraction of other

minerals where coal does not exceed 16 2/3 percent of the total tonnage

of coal and other minerals removed for purposes of commercial use or

sale. The rules that New Mexico proposed to add were Coal Surface

Mining Commission (CSMC) Rules 80-1-34-1, scope; 80-1-34-2,

definitions; 80-1-34-3, application requirements and procedures; 80-1-

34-4, contents of application for exemption; 80-1-34-5, public

availability of information; 80-1-34-6, requirements for exemption; 80-

1-34-7, conditions of exemption and right of inspection and entry; 80-

1-34-8, stockpiling of minerals; 80-1-34-9, revocation and enforcement;

and 80-1-34-10, reporting requirements.

OSM announced receipt of the proposed amendment in the November 15,

1994, Federal Register (59 FR 58801), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record NO. NM-718).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on December 15, 1994.

During its review of the amendment, OSM identified concerns

relating to the provisions of CSMC Rules 80-1-34-2, definition of

``cumulative measurement period,'' and 80-1-34-9, administrative review

of revocation decisions. OSM notified New Mexico of the concerns by

letter dated December 20, 1994 (administrative record No. NM-724). New

Mexico responded by submitting a revised amendment on December 20, 1994

(administrative record No. NM-723).

New Mexico proposed revisions at CSMC Rules 80-1-34-2, definition

of ``cumulative measurement period,'' by adding a generic date as the

effective date for annual revenue calculations, and at CSMC Rules 80-1-

34-9, administrative review of revocation decisions, by requiring that

the request for administrative review by made in accordance with the

procedures of CSMC Rules 80-1-12-11 rather than with the procedures of

CSMC Rules 80-1-12-10.

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 Albuquerque 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 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (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 12550) 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.

List of Subjects in 30 CFR Part 931

Intergovernmental relations, Surface mining, Underground mining.

Dated: December 20, 1994.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-31973 Filed 12-27-94; 8:45 am]

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