8560 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

30 CFR 732.17(a) requires that any

alteration of an approved State program

be submitted to OSM for review as a

program amendment. Thus, any changes

to the State program are not enforceable

until approved by OSM. The Federal

regulations at 30 CFR 732.17(g) prohibit

any unilateral changes to approved State

programs. In the oversight of the

Kentucky program, the Director will

recognize only the statutes, regulations

and other materials approved by OSM,

together with any consistent

implementing policies, directives and

other materials, and will require the

enforcement by Kentucky of only such

provisions.

VI. Procedural Determinations

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).

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, to the extent allowed

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 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.

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)).

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

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 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

corresponding Federal regulations.

List of Subjects in 30 CFR 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 7, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

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 917—KENTUCKY

1. The authority citation for Part 917

continues to read as follows:

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

2. Section 917.15 is amended by

adding paragraph (xx) read as follows:

§ 917.15 Approval of regulatory program

amendments.

* * * * *

(xx) Revisions to the following rules,

as submitted to OSM on October 3,

1994, are approved effective February

15, 1995.

405 KAR 7:080 Small operator assistance

Section 5(2) .............. Annual Coal Production.

Section 5(2) (a) and

(b).

Ownership of the Applicant.

Section 6 ................... SOAP Application

Form.

Section 8(2)(a)(11) .... Information Requirements.

Section 8(2)(b)(11) .... Information Requirements.

405 KAR 7:080 Small operator assistance

Section 11(1) ............ Services Performed.

Section 11(1)(e) ........ Sale, Transfer, or Assignment of Permit

Rights.

3. Section 917.16 paragraph (1) is

removed.

[FR Doc. 95–3743 Filed 2–14–95; 8:45 am]

BILLING CODE 4310–05–M

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: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the New Mexico

regulatory program (hereinafter referred

to as the ‘‘New Mexico program’’) under

the Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1201

et seq.) (SMCRA). New Mexico

proposed the addition of rules

pertaining to the exemption for

extraction of coal incidental to the

extraction of other minerals. The

amendment revises the New Mexico

program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: February 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas E. 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, 931.13, 931.15, 931.16, and

931.30.

II. Proposed Amendment

By letter dated October 26, 1994, New

Mexico submitted a proposed

amendment to its program pursuant to

SMCRA (administrative record No. NM–
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations 8561

716). New Mexico submitted the

proposed amendment in response to a

February 7, 1990, letter (administrative

record No. NM–563) that OSM sent to

New Mexico in accordance with 30 CFR

732.17(c). New Mexico submitted the

amendment with the intent of making

the New Mexico Coal Surface Mining

Commission (CSMC) rules consistent

with the corresponding Federal

regulations. New Mexico proposed new

rules to implement sections 69–25A–1

through 35 of the New Mexico Surface

Coal Mining Act concerning the

extraction of coal incidental to the

extraction of other minerals where coal

does not exceed 16 2⁄3 percent of the

total tonnage of coal and other minerals

removed for purposes of commercial use

or sale. The provisions of the New

Mexico Coal Surface Mining

Commission (CSMC) Rules 80–1 that

New Mexico proposed to add are at new

Chapter O, Exemption for Coal

Extraction Incidental to the Extraction

of Other Minerals, and include sections

34–1, scope; 34–2, definitions; 34–3,

application requirements and

procedures; 34–4, contents of

application for exemption; 34–5, public

availability of information; 34–6,

requirements for exemption; 34–7,

conditions of exemption and right of

inspection and entry; 34–8, stockpiling

of minerals; 34–9, revocation and

enforcement; and 34–10, reporting

requirements.

OSM announced receipt of the

proposed amendment in the November

15, 1994, Federal Register (59 FR

58801), provided an opportunity for a

public hearing or meeting on its

substantive adequacy, and invited

public comment on its adequacy

(administrative record No. NM–718).

Because no one requested a public

hearing or meeting, none was held. The

public comment period ended on

December 15, 1994.

During its review of the amendment,

OSM identified concerns relating to the

provisions of CSMC Rules 80–1–34–2,

definition of ‘‘cumulative measurement

period,’’ and 80–1–34–9, administrative

review of revocation decisions. OSM

notified New Mexico of the concerns by

letter dated December 20, 1994

(administrative record No. NM–724).

New Mexico responded in a letter dated

December 20, 1994, by submitting

revisions for the two rules

(administrative record No. NM–723).

Based upon the revisions to the

proposed program amendment

submitted by New Mexico, OSM

reopened the public comment period in

the December 28, 1994, Federal Register

(59 FR 66837, administrative record No.

NM–729). The public comment period

ended on January 12, 1995.

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 October

26, 1994, and as revised by it on

December 20, 1994, is no less effective

than the corresponding Federal

regulations. Accordingly, the Director

approves the proposed amendment.

Addition of Substantive Rules That Are

Substantively Identical to the

Corresponding Provisions of the Federal

Regulations

New Mexico proposed the addition of

the following rules that are substantive

in nature and contain language that is

substantively identical to the

requirements of the corresponding

Federal regulation provisions (listed in

parentheses).

CSMC Rule 80–1–34–1 (30 CFR 702.1),

scope,

CSMC Rule 80–1–34–2 (30 CFR 702.5),

definitions,

CSMC Rule 80–1–34–3 (30 CFR 702.11),

application requirements and

procedures,

CSMC Rule 80–1–34–4 (30 CFR 702.12),

contents of application for exemption,

CSMC Rule 80–1–34–5 (30 CFR 702.13),

public availability of information,

CSMC Rule 80–1–34–6 (30 CFR 702.14),

requirements for exemption,

CSMC Rule 80–1–34–7 (30 CFR 702.15),

conditions of exemption and right of

inspection and entry,

CSMC Rule 80–1–34–8 (30 CFR 702.16),

stockpiling of minerals,

CSMC Rule 80–1–34–9 (30 CFR 702.17),

revocation and enforcement, and

CSMC Rule 80–1–34–10 (30 CFR

702.18), reporting requirements.

Because these proposed New Mexico

rules are substantively identical to the

corresponding provisions of the Federal

regulations, the Director finds that they

are no less effective than the Federal

regulations. The Director approves these

proposed rules.

IV. Summary and Disposition of

Comments

Following are summaries of all oral

and 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 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.

The Bureau of Mines responded in a

telephone conversation on November

15, 1994, that it had no comments on

the proposed amendment

(administrative record No. NM–719).

The U.S. Army Corp of Engineers

stated in letters dated November 16,

1994, and January 6, 1995, that it found

the changes to be satisfactory

(administrative record Nos. NM–721

and NM–730).

The U.S. Fish and Wildlife Service

(the Service) provided comments in a

letter dated December 1, 1994

(administrative record No. NM–722).

Due to concerns of the Service about

risks to fish and wildlife from selenium,

mercury, and polycyclic aromatic

hydrocarbons (PAH’s) contamination, it

recommended that the proposed

amendment be revised to require permit

conditions for testing and monitoring

mercury, selenium, and PAH’s for such

mining operations that extract coal

incidental to the extraction of other

minerals.

The Federal regulations at 30 CFR

Part 702 exclude from SMCRA

regulation those mining operations that

extract coal incidental to the extraction

of other minerals where coal does not

exceed 162⁄3 percent of the tonnage of

minerals removed for purposes of

commercial use or sale. Because New

Mexico’s proposed incidental coal

extraction rules are substantively

identical to these corresponding Federal

regulations, New Mexico’s coal mining

rules also do not regulate such mining

operations. To the extent that the

Service’s comments address the

mitigation of impacts of selenium,

mercury, and PAH’s contamination of

such mining operations, they are

outside the scope of New Mexico’s coal

mining rules. Therefore, OSM is not

requiring New Mexico to revise its coal

mining rules in response to the

comment.

By letter dated January 25, 1995, the

Mine Safety and Health Administration

(MSHA) stated that the amendment had

been reviewed and that it appeared

there were no conflicts with the

requirements of 30 CFR (administrative

record No. NM–731).

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
8562 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

those provisions of the proposed

program 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. Therefore, OSM did

not request EPA’s concurrence.

Pursuant to 732.17(h)(11)(i), OSM

solicited comments on the proposed

amendment from EPA (administrative

record No. NM–717). It responded on

November 29, 1994, that it had no

objections to OSM’s approval of the

proposed regulations (administrative

record No. NM–720).

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 the

ACHP (administrative record No. NM–

717). Neither the SHPO nor the 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

October 26, 1994, and as revised on

December 20, 1994.

The Director approves, as discussed

above, CSMC Rule 80–1–34–1,

concerning scope; CSMC Rule 80–1–34–

2, concerning definitions; CSMC Rule

80–1–34–3, concerning application

requirements and procedures; CSMC

Rule 80–1–34–4, concerning contents of

application for exemption; CSMC Rule

80–1–34–5, concerning public

availability of information; CSMC Rule

80–1–34–6, concerning requirements for

exemption; CSMC Rule 80–1–34–7,

concerning conditions of exemption and

right of inspection and entry; CSMC

Rule 80–1–34–8, concerning stockpiling

of minerals; CSMC Rule 80–1–34–9,

concerning revocation and enforcement;

and CSMC Rule 80–1–34–10,

concerning reporting requirements.

The Director approves the rules as

proposed by New Mexico with the

provision that they be fully promulgated

in identical form to the rules submitted

to and reviewed by OSM and the public.

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 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 (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.

List of Subjects in 30 CFR 931

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 7, 1995.

Russell F. Price,

Acting Assistant Director, Western Support

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 by

adding paragraph(s) to read as follows:

§ 931.15 Approval of amendments to State

regulatory program.

* * * * *

(s) The following New Mexico Coal

Surface Mining Commission (CSMC)

rules, as submitted to OSM on October

26, 1994, and as revised on December

20, 1994, are approved effective

February 15, 1995.

CSMC Rule 80–1–34–1, scope.

CSMC Rule 80–1–34–2, definitions.

CSMC Rule 80–1–34–3, application

requirements and procedures.

CSMC Rule 80–1–34–4, contents of

application for exemption.

CSMC Rule 80–1–34–5, public

availability of information.

CSMC Rule 80–1–34–6, requirements

for exemption.

CSMC Rule 80–1–34–7, conditions of

exemption and right of inspection and

entry.

CSMC Rule 80–1–34–8, stockpiling of

minerals.

CSMC Rule 80–1–34–9, revocation and

enforcement.

CSMC Rule 80–1–34–10, reporting

requirements.

[FR Doc. 95–3744 Filed 2–14–95; 8:45 am]

BILLING CODE 4310–05–M