[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
