Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Proposed Rules 36101

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 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

administrative record.

IV. Procedural Determinations.

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart 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 has

conducted the reviews required by

section 3 of Executive Order 12988 and

has determined that, to the extent

allowable by law, 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.

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. Section 503(a)(7) requires that

State programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed State regulatory program

provision does not constitute a major

Federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)). A determination has been

made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

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, geographic

regions, or Federal, State or local

governmental agencies; 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

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 906

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 30, 2000.

Brent T. Wahlquist,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 00–14356 Filed 6–6–00; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 931

[SPATS NO 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.

SUMMARY: Office of Surface Mining

Reclamation and Enforcement (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 to New Mexico’s proposed

rules pertain to the definitions of

‘‘material damage’’ and‘‘occupied

residential dwelling and associated

structures’’ and subsidence control

during underground mining. 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.d.t. June 22,

2000.

36102 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Proposed Rules

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.

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:

WGAINER@OSMRE.GOV.

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 November 13, 1998,

New Mexico submitted a proposed

amendment (administrative record No.

NM–804) to its program pursuant to

SMCRA (30 U.S.C. 1201 et seq.). New

Mexico submitted the proposed

amendment in response to the required

program amendments at 30 CFR

931.16(o), (w), (x), (y) and (aa), and at

its own initiative.

OSM announced receipt of the

proposed amendment in the December

3, 1998 Federal Register (63 FR 66772),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. NM–808). Because no one requested

a public hearing or meeting, none were

held. The public comment periods

ended on January 4, 1999.

During our 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).

We announced receipt of the

proposed amendment in the December

22, 1999, Federal Register (63 FR

71698), and invited public comment on

its adequacy (administrative record No.

NM–818). The public comment period

ended on January 21, 2000.

During our review of the December 1,

1999, revisions, OSM identified

concerns and notified New Mexico of

the concerns by letter dated March 28,

2000 (administrative record no. NM–

827). New Mexico responded in a letter

dated April 26, 2000, by submitting a

revised amendment (administrative

record No. NM–829).

New Mexico proposes further

revisions to 19 NMAC 8.2 107.M(1) and

0(2), definitions of ‘‘material damage’’

and ‘‘occupied residential dwelling and

associated structures’’; 19 NMAC 8.2

2071, subsidence control; and 19 NMAC

8.2 918.D, detailed plans of

underground mine workings.

Specifically, New Mexico prposes 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

2067;

(2) Subsidence control at 19 NMAC

8.2 2071.A, by providing that the

Director of the New Mexico program

may (a) allow underground mining

activities beneath or adjacent to beneath

or adjacent to any perennial stream or

impoundment having a storage volume

of 20 acre-feet or more, if the Director,

on the basis of detailed subsurface

information, determines that subsidence

will not cause material damage, or a

reduction in a reasonably forseeable use,

to streams, water bodies and associated

structures, and (b) if material damage

occurs, suspend underground mining

until the subsidence control plan is

modified to ensure prevention of further

material damage to such features or

facilities;

(3) Subsidence control at 19 NMAC

8.2 2071.B, to (1) require that

underground mining activities beneath

any aquifer, perennial stream or water

body that serves as a significant source

of water supply to a public water system

must be conducted so as to avoid

disruption of the aquifer and

consequent exchange of ground water

between the aquifer and other strata,

and (2) to provide that the Director of

the New Mexico program will prohibit

mining in the vicinity of the aquifer or

may limit the percentage of coal

extraction to protect the aquifer and

other water supplies unless a finding

can be made, base on detailed

documentation, that subsidence will not

cause material damage to, or reduce the

reasonable foreseeable use of, these

features;

(4) Subsidence control at 19 NMAC

8.2 2071.C, to prohibit underground

mining activities from being conducted

beneath or in close proximity to any

public buildings, including but not

limited to churches, schools, hospitals,

courthouses and government offices,

unless the Director of the New Mexico

program, on the basis of detailed

subsurface information, determines that

subsidence from those activities will not

cause material damage, or reduce a

reasonably foreseeable use, to these

structures and specifically authorizes

the mining activities;

(5) Subsidence control at 19 NMAC

8.2 2071.D, to correct a typographical

error by replacing the term ‘‘permanent’’

with ‘‘perennial’’; and

(6) Requirements for detailed plans of

underground mine workings at 19

NMAC 8.2 918.D, by adding a paragraph

that (1) requires that an permittee shall

submit, consistent with a schedule

approved by the Director of the New

Mexico program, a detailed plan of

actual underground workings that

includes maps and descriptions, as

appropriate, of significant features of the

underground mine, including the size,

configuration, and approximate location

of pillars and entries, extraction ratios,

measures taken to prevent or minimize

subsidence and related damage, areas of

full extraction, and other information

required by the regulatory authority,

and (2) provides, upon request of the

operator, that the information submitted

with the detailed plan may be held as

confidential, in accordance with the

requirements of 19 NMAC 8.2 1104.

In addition, New Mexico explained

that the State contains few bodies of

water 20-acre feet or more that are not

man-made impoundments and that

there are no naturally occurring bodies

of water 20-acre feet or more in the coal

fields in New Mexico. Therefore, New

Mexico’s proposed revisions at 19

NMAC 8.2 2071 refer to

‘‘impoundments’’ rather than ‘‘naturally

occurring bodies of water 20-acre feet or

more.’’

Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Proposed Rules 36103

III. Public Comment Procedures

Written Comments

Send your written comments to OSM

at the address given above. Your written

comments should be specific, pertain

only to the issues proposed in this

rulemaking, and include explanations in

support of your 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.

Electronic Comments

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–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.

Availability of Comments

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.

IV. Procedural Determinations

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart 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 has

conducted the reviews required by

section 3 of Executive Order 12988 and

has determined that, to the extent

allowable by law, 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.

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. Section 503(a)(7) requires that

State programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed State regulatory program

provision does not constitute a major

Federal action within the meaning of

section 102 (2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)). A determination has been

made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information 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, geographic

regions, or Federal, State or local

governmental agencies; 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

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: May 24, 2000.

Brent T. Wahlquist,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 00–14357 Filed 6–6–00; 8:45 am]

BILLING CODE 4310–05–M