New Mexico Regulatory Program

[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Proposed Rules]
[Pages 71698-71700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33140]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

[SPATS Nos. NM-037-FOR and NM-039-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.

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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
announcing receipt of revisions pertaining to two previously proposed 
amendments 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 timing of backfilling and grading; definitions of ``material 
damage'' and ``occupied residential dwelling and associated 
structures''; design criteria and inspection requirements for 
impoundments and spillways; adjustment of bond amount for subsidence 
damage; ground cover requirements for lands to be developed for 
recreation and shelterbelts; other transportation facilities; and 
review criteria for improvidently issued permits. The amendments are 
intended to revise the New Mexico program to be consistent with the 
corresponding Federal regulations, incorporate the additional 
flexibility afforded by the revised Federal regulations, and improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.s.t., January 
21, 2000.

ADDRESSES: You should mail or hand deliver written comments to Willis 
L. Gainer at the address listed below.
    You may review copies of the New Mexico program, the amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document 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 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

[[Page 71699]]

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

SPATS Nos. NM-037-FOR and NM-039-FOR

    By letters dated March 11, 1996 (SPATS No. NM-037-FOR), and 
November 13, 1998 (SPATS No. NM-039-FOR), New Mexico submitted proposed 
amendments (respectively, administrative record Nos. NM-773 and NM-804) 
to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.). New Mexico 
submitted the proposed amendments in response to the required program 
amendments at 30 CFR 931.16 (w), (x), and (aa), and at its own 
initiative.
    OSM announced receipt of the proposed amendments in the, 
respectively, March 26, 1996 and the December 3, 1998 Federal Register 
(respectively, 59 FR 13117 and 63 FR 66772), provided an opportunity 
for a public hearing or meeting on its substantive adequacy, and 
invited public comment on its adequacy (respectively, administrative 
record Nos. NM-802 and NM-808). Because no one requested public 
hearings or meetings, none were held. The public comment periods ended 
on, respectively, April 25, 1996 and January 4, 1999.

SPATS No. NM-037-FOR

    During its review of the March 11, 1996 amendment, OSM identified 
concerns and notified New Mexico of the concerns by letter dated May 
15, 1996 (administrative record no. NM-785). New Mexico responded in a 
letter dated November 9, 1998 by submitting a revised amendment and 
additional explanatory information (administrative record no. NM-803).
    OSM announced receipt of the proposed amendments in the December 3, 
1998 Federal Register  (63 FR 66774) and invited public comment on its 
adequacy (administrative record No. NM-809). The public comment period 
ended on December 18, 1998.
    During its review of the November 9, 1998, revised amendment, OSM 
identified concerns and notified New Mexico of the concerns by letter 
dated December 21, 1998 (administrative record no. NM-814). New Mexico 
responded in a letter dated December 1, 1999, by submitting a revised 
amendment (administrative record No. NM-816).
    New Mexico proposes further revisions to 19 NMAC 8.2 2054.A(1), 
(2), and (3), concerning timing of backfilling and grading. 
Specifically, New Mexico proposes to revise 19 NMAC 8.2 2054.A(1), 
concerning contour mining, to require rough backfilling and grading by 
not more than 60 days or 1500 linear feet; 19 NMAC 8.2 2054.A(2), 
concerning open pit mining, to require rough backfilling and grading on 
the basis of the materials submitted under 19 NMAC 8.2 906.B(3) which 
shall establish in specific increments the period between removal of 
coal and completion of backfilling and grading; and 19 NMAC 8.2 
2054.A(3), concerning strip mining, to require rough backfilling and 
grading to be completed within 180 days and not more than four spoil 
ridges behind the pit being worked. New Mexico also revised both 19 
NMAC 8.2 2054.A(1) and (3) to provided for additional time or distance 
for rough backfilling and grading if the permittee con, on the basis of 
the materials submitted under 19 NMAC 8.2 906.B(3) that additional time 
or distance is necessary. New Mexico's existing rule at 19 NMAC 8.2 
906.B(3) requires a reclamation plan for backfilling, soil 
stabilization, compacting and grading, with contour maps or cross 
sections that show the anticipated final surface configuration of the 
proposed permit area. New Mexico also proposes to add a new rule at 19 
NMAC 8.2 2054.A(5), concerning final pit at completion of mining, to 
require that rough backfilling and grading occur in accordance with a 
time schedule approved by the Director based on materials submitted 
under 19 NMAC 8.2. 906.B9(3).

SPATS No. NM-039-FOR

    During its review of the November 13, 1998 amendment, OSM 
identified concerns and notified New Mexico of the concerns by letter 
dated January 7, 1999 (administrative record no. NM-815). New Mexico 
responded in a letter dated December 1, 1999, by submitting a revised 
amendment (administrative record No. NM-816).
    New Mexico proposes further revisions to 19 NMAC 8.2 107.M(1) and 
O(2), definitions of ``material damage'' and ``occupied residential 
dwelling and associated structures''; 19 NMAC 8.2 2017.D, 2017.F(2), 
and 2017.G(4) and (5), design criteria for impoundments and spillways 
and inspection requirements for impoundments; and 19 NMAC 8.2 2072, 
adjustment of bond amount for subsidence damage. New Mexico also 
submitted, in response to required amendments at 30 CFR 931.16(o) and 
(t), new explanatory information concerning, respectively, (1) ground 
cover requirements for lands to be developed for recreation and 
shelterbelts at 19 NMAC 8.2 2065.B, and (2) other transportation 
facilities at 19 NMAC 8.2 2076. In addition, in response to the 
required amendment at 30 CFR 931.16(y), New Mexico submitted a new 
revision to 19 NMAC 8.2 1107.C(4), concerning improvidently issued 
permits.
    Specifically, New Mexico proposed to revise:
    (1) The definitions of ``material damage'' and ``occupied 
residential dwelling and associated structures'' at 19 NMAC 8.2 
107.M(1) and O(2) to be applicable to the rules at 19 NMAC 8.2 2069 
through 2072;
    (2) 19 NMAC 8.2 1107.C(4) by requiring the use of the violations 
review criteria published in the preamble of the Federal Register at 54 
FR 18440-18441 when determining what specific unabated violations, 
delinquent penalties and fees, and ownership and control relationships 
will apply in finding that a permit was improvidently issued permits;
    (3) 19 NMAC 8.2 2017.D, 2017.F(2), and 2017.G (4) and (5), design 
criteria for impoundment and spillways and inspection requirements for 
impoundments, to apply the design or inspection criteria applicable for 
those structures meeting the size criteria of 30 CFR 77.216(a) to those 
structures meeting the Class B or C criteria for dams in TR-60; and
    (4) 19 NMAC 8.2 2072 by adding a paragraph that requires adjustment 
of the bond amount for subsidence damage.
    New Mexico explained, in response to the required amendments at 30 
CFR 931.16 (o) and (t), that the ground cover requirements for lands to 
be developed for recreation and shelterbelts are at 19 NMAC 8.2 2065.B, 
and that the

[[Page 71700]]

requirements for other transportation facilities are at 19 NMAC 8.2 
2076.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed New Mexico 
program amendments to provide the public an opportunity to reconsider 
the adequacy of the proposed amendments in light of the additional 
materials submitted. In accordance with the provisions of 30 CFR 
732.17(h), we are requesting comments on whether the amendments satisfy 
the applicable program approval criteria of 30 CFR 732.15. If we 
approve the amendments, they will become part of the New Mexico 
program.
    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.
    Please submit Internet comments as an ASCII file avoiding the use 
of special characters and any form of encryption. Please also include 
``Attn: SPATS No. NM-037-FOR and/or SPATS No. NM-039-FOR'' and your 
name and return address in your Internet message. If you do not receive 
a confirmation that we have received your Internet message, contact the 
Albuquerque Field Office at (505) 248-5096.
    Your written comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of the commenter's recommendations. In the final rulemaking, we will 
not necessarily consider or include in the Administrative Record any 
comments received after the time indicated under DATES or at locations 
other than the Albuquerque Field Office.

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 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.

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.

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

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 13, 1999.
Brent T. Wahlquist,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 99-33140 Filed 12-21-99; 8:45 am]
BILLING CODE 4310-05-M