22332 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Proposed Rules

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202

(General Note 20, Harmonized Tariff

Schedule of the United States), 1624;

* * * * *

2. In § 177.22, paragraph (a) is revised

to read as follows:

§ 177.22 Definitions.

(a) Country of origin. For the purpose

of this subpart, an article is a product of

a country or instrumentality only if it is

wholly the growth, product, or

manufacture of that country or

instrumentality or, in the case of an

article which consists in whole or in

part of materials from another country

or instrumentality, it has been

substantially transformed into a new

and different article of commerce. The

term ‘‘instrumentality’’ shall not be

construed to include any agency or

division of the government of a country,

but may be construed to include such

arrangements as the European Economic

Community. For purposes of this

section, an article is ‘‘wholly the

growth, product, or manufacture’’ of a

country or instrumentality if it is wholly

obtained or produced (as defined in

§ 102.1(g) of this chapter) in that

country or instrumentality, and a ‘‘new

and different article of commerce’’

exists when under part 102 of this

chapter, the country of origin of a good,

which is produced in a country or

instrumentality from foreign materials,

is determined to be that country or

instrumentality.

* * * * *

George J. Weise,

Commissioner of Customs.

Approved: April 19, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 95–10856 Filed 5–4–95; 8:45 am]

BILLING CODE 4820–02–P

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; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

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). The

proposed amendment consists of

revisions to and additions of rules

pertaining to definitions, designation of

lands unsuitable for surface coal

mining, permit application information,

minimum requirements for reclamation

and operation plans in permit

applications, review and approval or

denial of permit applications and permit

conditions, performance standards for

coal exploration, and performance

standards for surface coal mining

operations. 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 5,

1995. If requested, a public hearing on

the proposed amendment will be held

on May 30, 1995. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.d.t. on May 22,

1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Thomas

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 and Minerals

Department, Mining and Minerals

Division, 2040 South Pacheco Street,

Santa Fe, New Mexico 87505,

Telephone: (505) 827–5970

FOR FURTHER INFORMATION CONTACT:

Thomas 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 April 13, 1995, New

Mexico submitted a proposed

amendment to its program

(administrative record No. NM–739)

pursuant to SMCRA (U.S.C. 1201 et

seq.). New Mexico submitted the

proposed amendment in response to the

required program amendments at 30

CFR 931.16(c), (d), and (f) through (s)

(56 FR 67520, December 31, 1991, and

58 FR 65907, December 17, 1993) and at

its own initiative. The provisions of the

New Mexico rules that New Mexico

proposes to revise are: Coal Surface

Mining Commission (CSMC) Rule 80–1–

5, definitions; CSMC Rule 80–1–4–15,

designation of lands unsuitable for

surface coal mining; CSMC Rule 80–1–

7–14, permit application information;

CSMC Rule 80–1–9–39, minimum

requirements for reclamation and

operation plans in permit applications;

CSMC Rules 80–1–11–17, 80–1–11–19,

80–1–11–20, and 80–1–11–29, review of

and approval or denial of permit

applications and permit conditions;

CSMC Rule 80–1–19–15, performance

standards for coal exploration; and

CSMC Rules 80–1–20–41 and 49, 80–1–

20–82, 80–1–20–89, 80–1–20–93, 80–1–

20–97, 80–1–20–116 and 117, 80–1–20–

124, and 80–1–20–150, performance

standards for surface coal mining

operations.

Specifically, New Mexico proposes to

revise CSMC Rule 80–1–5 to define

‘‘qualified laboratories’’ and ‘‘SMCRA;’’

CSMC Rule 80–1–4–15(b)(1) to require

that New Mexico publish in its State

Register receipt of a petition to

designate lands unsuitable for surface

coal mining; and CSMC Rule 80–1–7–

14(c) to require that a permit application

include information on all violations

received pursuant to SMCRA.

Concerning minimum requirements

for reclamation and operation plans in

permit applications, New Mexico

proposes to revise CSMC Rule 80–1–9–

39(c) to require a permit application to

include a description of measures that

an operator would use to mitigate or

remedy subsidence-related material

damage to the land and occupied

residential dwellings, structures related

thereto, and noncommercial buildings

where the damage resulted from

underground mining operations

conducted after October 24, 1992; and

CSMC Rule 80–1–9–39(d) to delete in its

entirety paragraph (d)(2), concerning an

exception from subsidence control

measures.
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Proposed Rules 22333

Concerning review and approval or

disapproval of permit applications and

permit conditions, New Mexico

proposes to revise CSMC Rule 80–1–11–

17 to ad paragraph (c) concerning

issuance of a permit for a surface coal

mining and reclamation operation

owned or controlled by either the

applicant of by any person who owns or

controls the applicant who is currently

in violation of any provision of, among

other things, New Mexico’s Act or

SMCRA; CSMC Rule 80–1–11–17(d) and

19(i), to require that New Mexico, when

making a determination of whether a

demonstration pattern of willful

violations exists, also consider

violations received pursuant to SMCRA

by the applicant, anyone who owns or

controls the applicant, or the operator

named in the application; CSMC Rule

80–1–11–20(b)(1) to require that New

Mexico use the criteria contained in 54

FR 18438, 18440–18441, to determine

what specific unabated violations,

delinquent penalties and fees, and

ownership and control relationships

apply when determining whether a

permit was improvidently issued; CSMC

Rule 80–1–11–20(b)(5) to reference

CSMC Rule 80–1–11–20(b)(1) rather

than CSMC Rule 80–1–7–14; and CSMC

Rule 80–1–11–29(d) to require as a

permit condition that the permittee

submit to New Mexico any Federal

cessation order issued in accordance

with 30 CFR 843.11.

Concerning performance standards for

coal exploration, New Mexico proposes

to revise CSMC Rule 80–1–19–15(c)(2)

to require that roads or other

transportation facilities used for coal

exploration activities comply with

CSMC Rules 80–1–20–150(b) through (g)

and 20–181(a) and (b); CSMC Rule 80–

1–19–15(c)(3) to delete paragraph (iv)

concerning the requirement that all

existing roads used for coal exploration

comply with the requirements of CSMC

Rules 80–1–20–180 and 181; and CSMC

Rule 80–1–19–15(c)(4) to require that,

after exploration activities are

completed, roads not to be retained for

use under an approved land use shall

comply with paragraphs (4)(i) or (4)(ii).

Concerning performance standards for

surface coal mining operations, New

Mexico proposes to revise CSMC Rule

80–1–20–41(e)(3)(i) to correct a

typographical error; CSMC Rule 80–1–

20–49(e) (1) through (9) to add a list of

general requirements that apply to all

temporary and permanent

impoundments; CSMC Rules 80–1–20–

82(a)(4) and 80–1–20–89(d)(2) to correct

typographical errors; CSMC Rule 80–1–

20–93–(a)–1), concerning design and

construction of dams and embankments

constructed of coal processing waste or

intended to impound such waste, to

require that the design freeboard be

adequate to resist overtopping by waves

and sudden increases in storage volume

and to delete a reference to the U.S.

National Resource Conservation

Service’s (NRCS’s) ‘‘Practice Standard

378’’ for determination of the allowed

maximum water elevation; CSMC Rule

80–1–20–97 (b) and (c) to extend the

protection of threatened and endangered

species to areas disturbed by the

conduct of reclamation operations;

CSMC Rule 80–1–20–116(a) to reference

(1) the general requirements for success

of revegetation at CSMC Rule 80–1–20–

111 and –120 and (2) the NRCS’s

‘‘Technical Guide by Major Land

Resource Area: Section II–E,’’

concerning the technical procedures

which are allowed for use in

determining success standards for

ground cover and productivity; CSMC

Rule 80–1–20–116(b)(3) to clarify that

(1) ground cover, production, or

stocking shall be considered equal to the

approved success standard when they

are greater than or equal to 90 percent

of the success standard and (2)

statistical techniques for measuring

success shall use an appropriate

(parametric or nonparametric) one-tail

test with a 90 percent confidence

interval and a 10 percent alpha error;

CSMC Rule 80–1–20–116(b)(7) so that

its requirements for the measurement of

revegetation success of trees and shrubs

apply also to areas reclaimed for use as

recreation and shelterbelts; CSMC Rule

80–1–20–117 so that its requirements

for the measurement of success of tree

and shrub stocking also apply to areas

reclaimed for use as fish and wildlife

habitat, recreation, and shelterbelts, and

to require that trees and shrubs used in

determining the success of stocking and

the adequacy of plant arrangement shall

have utility for the approved postmining

land use; CSMC Rule 80–1–20–117(c),

concerning areas reclaimed for use as

commercial forest, at paragraph (c)(1) to

require that the minimum stocking of

trees or shrubs be determined by the

State Forester on a permit-specific basis,

at paragraph (c)(3) to reference CSMC

Rule 80–1–20–117(b) for procedures to

determine the number of trees or shrubs

and ground cover, and at paragraph

(c)(4) to reference CSMC Rules 80–1–

20–116(b)(7) and 80–1–20–117(d)(2) for

success standards applicable to tree and

shrub stocking and ground cover; CSMC

Rule 80–1–20–117(d)(3)(i), concerning

the measurement of revegetation success

of woody plants, to reference CSMC

Rule 80–1–20–116(b) for determination

of the success standard and to require

that the standard be met with 90 percent

statistical confidence, using an

appropriate (parametric or

nonparametric) one-tail test with a 10

percent alpha error; CSMC Rule 80–1–

20–124 to delete its existing

requirements concerning repair of

damage caused by subsidence and to

add paragraphs (a), (b), and (c) which

respectively, (1) require repair or

compensation for material damage

resulting from subsidence caused to any

occupied residential dwellings and

structures related thereto, or

noncommercial building due to

underground coal mining operations, (2)

require replacement of any drinking,

domestic, or residential water supply

from a well or spring that existed prior

to the application for a coal mining and

reclamation permit, which has been

affected by contamination, diminution,

or interruption resulting from

underground mining operations, and (3)

state that nothing in this section shall be

construed to prohibit or interrupt

underground coal mining operations;

and CSMC Rule 80–1–20–150 to delete

paragraph (c) which prohibits vehicular

use of fords or low water crossings by

ancillary roads any time there is visible

surface flow.

III. Public Comment Procedures

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

Mexican program.

1. Written Comments

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.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION by 4:00 p.m., m.d.t. on May

22, 1995. Any disabled individual who

has need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT. The location and

time of the hearing will be arranged

with those persons requesting the

hearing. If no one requests an
22334 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Proposed Rules

opportunity to testify at the public

hearing, the hearing will not be held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one person requests an

opportunity to testify at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of 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 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 of 1969 (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

this 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.

V. List of Subjects in 30 CFR Part 931

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 1, 1995.

Charles E. Sandberg,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 95–11153 Filed 5–4–95; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO–17–1–6023B; FRL–5197–8]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the state of

Missouri for the purpose of bringing

about the attainment of the National

Ambient Air Quality Standards

(NAAQS) for lead. The SIP was

submitted by the state to satisfy certain

Federal requirements for an approvable

nonattainment area lead SIP for the Doe

Run primary lead smelter in

Herculaneum, Missouri. In the final

rules section of the Federal Register, the

EPA is approving the state’s SIP revision

as a direct final rule without prior

proposal, because the Agency views this

as a noncontroversial revision

amendment and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If the EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: Comments on this proposed rule

must be received in writing by June 5,

1995.

ADDRESSES: Comments may be mailed

to: Lisa V. Haugen, Environmental

Protection Agency, Air Branch, 726

Minnesota Avenue, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT: Lisa

V. Haugen at (913) 551–7877.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule which is located in the rules

section of the Federal Register.

Dated: April 12, 1995.

Dennis Grams,

Regional Administrator.

[FR Doc. 95–10977 Filed 5–4–95; 8:45 am]

BILLING CODE 6560–50–P