31112 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 /Rules and Regulations

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Part 884.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State and Tribal

abandoned mine land reclamation plans

and revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6,

appendix 8, paragraph 8.4B(29)).

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 submittal which

is the subject of this rule is based upon

corresponding 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. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

Unfunded Mandates

OSM has determined and certifies

pursuant to 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

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 916

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 26, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 916 is amended

as set forth below:

PART 916—KANSAS

1. The authority citation for part 916

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 916.25 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 916.25 Approval of Kansas abandoned

mine land reclamation plan amendments.

* * * * *

Original

amendment submission

date

Date of

final publicationCitation/description

* * * * *

March 17,

1998.

June 8,

1998.

Section 884.13(c)(2)

and (d)(3).

[FR Doc. 98–15137 Filed 6–5–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 931

[NM–038–FOR]

New Mexico Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

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 DATES: June 8, 1998.

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 January 6, 1998, New

Mexico submitted a proposed

amendment to its program

(administrative record No. NM–795)

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 February

24, 1998, Federal Register (63 FR 9165),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. NM–798). Because no one requested

a public hearing or meeting, none was

held. The public comment period ended

on March 26, 1998.

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 January 6,

1998, is no less effective than the

corresponding Federal regulations and

no less stringent than SMCRA.

Accordingly, the Director approves the

proposed amendment.

1. Nonsubstantive Revisions to New

Mexico’s Rules

New Mexico proposed revisions to the

previously-approved New Mexico

Surface Coal Mining Regulations that

are nonsubstantive in nature and consist

of minor editorial, punctuation,

grammatical, and recodification

changes. Specifically, New Mexico

proposed to recodify its regulations

from Coal Surface Mining Code Rule

80–1 (CSMC Rule 80–1), sections 1

through 15 and sections 19 through 34,

to 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. No

substantive changes to the text of the

regulations were proposed.

Because the proposed revisions to

these previously-approved rules are
Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 /Rules and Regulations 31113

nonsubstantive 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, 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–797).

The U.S. Army Corps of Engineers

responded on March 10, 1998, that the

amendment is satisfactory

(administrative record No. NM–800).

The Natural Resources Conservation

Service responded on March 11, 1998,

that it had no comments (administrative

record No. 799).

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–797). 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–797).

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

January 6, 1998.

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 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: May 21, 1998.

Peter A. Rutledge,

Acting 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:

§ 931.15 Approval of New Mexico

regulatory program amendments.

* * * * *
31114 Federal Register / Vol. 63, No. 109 / Monday, June 8, 1998 /Rules and Regulations

Original amendment submission date Date of final publication Citation/description

* * * * * * *

January 6, 1998 ................................................ June 8, 1998 ..................................................... 19 NMAC 8.2, Subparts 1 through 34 (recodification).

[FR Doc. 98–15242 Filed 6–5–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–035–FOR]

Texas Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Texas regulatory

program (hereinafter referred to as the

‘‘Texas program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The amendment

consists of revisions to Texas’

regulations pertaining to definitions,

prime farmland, small operator

assistance, release of performance bond,

and backfilling and grading. The

amendment is intended to revise the

Texas program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: June 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6548, Telephone:

(918) 581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Texas Program

On February 16, 1980, the Secretary of

the Interior conditionally approved the

Texas program. Background information

on the Texas program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the February

27, 1980 Federal Register (45 FR

12998). Subsequent actions concerning

the conditions of approval and program

amendments can be found at 30 CFR

943.10, 943.15, and 943.16.

II. Submission of the Proposed

Amendment

By letter dated December 1, 1997

(Administrative Record No. TX–644),

Texas submitted and amendment to its

program pursuant to SMCRA. Texas

submitted the amendment in response

to a June 17, 1997, letter (Administrative

Record No. 640) and OSM sent to Texas

in accordance with 30 CFR 732.17(c).

Texas amended its regulations at

Chapter 12 of the Texas Administrative

Code (TAC) pertaining to definitions,

prime farmland, small operator

assistance, release of performance bond,

and backfilling and grading.

OSM announced receipt of the

proposed amendment in the December

29, 1997, Federal Register (62 FR

67598) and in the same document

opened the public comment period and

provided an opportunity for a public

hearing or meeting on the adequacy of

the amendment. The public comment

period closed on January 28, 1998.

Because no one requested a public

hearing or meeting, none was held.

During its review of the amendment,

OSM identified concerns relating to

release of performance bond and

backfilling and grading. OSM notified

Texas of the concerns by letter dated

February 12, 1998 (Administrative

Record No. TX–644.06). Texas

responded in a letter dated March 6,

1998 (Administrative Record No. TX–

644.07, by submitting revisions to its

amendment. Based upon the revisions

to the proposed program amendment

submitted by Texas, OSM reopened the

public comment period in the April 29,

1998, Federal Register (63 FR 23407).

The public comment period closed on

May 14, 1998.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment.

Revisons not specifically discussed

below concern nonsubstantive wording

changes, or revised cross-references and

paragraph nota6tions to reflect

organizational changes resulting from

this amendment.

A. Revisions to Texas’ Regulations That

Are Substantively Identical to the

Corresponding Provisions of the Federal

Regulations

The State regulations listed in the

table below contain language that is the

same as or similar to the corresponding

sections of the Federal regulations.

Differences between the State

regulations and the Federal regulations

are nonsubstantive.

Topic State regulation Federal counterpart regulation

Definition of Previously Mined Area ............................................................................... 16 TAC 12.3 ....................... 30 CFR 701.5

Definition of Qualified Laboratory .................................................................................. 16 TAC 12.3 ....................... 30 CFR 701.5

Definition of Thick Overburden ...................................................................................... 16 TAC 12.3 ....................... 30 CFR 816.105(a)

Definition of Thin Overburden ........................................................................................ 16 TAC 12.3 ....................... 30 CFR 816.104(a)

Prime Farmland .............................................................................................................. 16 TAC 12.201(d)(5) .......... 30 CFR 785.17(e)(5)

Terms and Conditions of the Bond ................................................................................ 16 TAC 12.309(1) .............. 30 CFR 800.21(f)

Release of Performance Bond—Application ................................................................. 16 TAC 12.312 (a)(1),

(a)(2), (a)(3).

30 CFR 800.40 (a)(1),

(a)(2), (a)(3)

Release of Performance Bond—Inspection ................................................................... 16 TAC 12.312 (b)(1),

(b)(2).

30 CFR 800.40 (b)(1),

(b)(2)

Release of Performance Bond—Criteria and Schedule ................................................ 16 TAC 12.313 (a), (a)(1),

(a)(2), (a)(3), (b), (d), (f).

30 CFR 800.40 (c), (c)(1),

(c)(2), (c)(3), (d), (f), (g)

Backfilling and Grading: Thin Overburden ..................................................................... 16 TAC 12.387 ................... 30 CFR 816.104(b)