New Mexico Regulatory Program, 1983-1986 [E8-359]
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1983
Proposed Rules
Federal Register
Vol. 73, No. 8
Friday, January 11, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 606, 610, 630, 640, 660,
820, and 1270
[Docket No. 2006N–0221]
Requirements for Human Blood and
Blood Components Intended for
Transfusion or for Further
Manufacturing Use; Extension of
Comment Period
AGENCY:
Food and Drug Administration,
HHS.
Proposed rule; extension of
comment period.
ebenthall on PRODPC61 with PROPOSALS
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is extending to
August 4, 2008, the comment period for
the proposed rule that appeared in the
Federal Register of November 8, 2007
(72 FR 63416). In the proposed rule,
FDA had requested comments by
February 6, 2008. The agency is taking
this action in response to requests for an
extension to allow interested persons
additional time to submit comments.
DATES: Submit written and electronic
comments by August 4, 2008.
ADDRESSES: You may submit comments,
identified by Docket No. 2006N–0221,
by any of the following methods:
Electronic Submissions
Submit electronic comments in the
following ways:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: https://
www.fda.gov/dockets/ecomments.
Follow the instructions for submitting
comments on the agency Web site.
Written Submissions
Submit written submissions in the
following ways:
• FAX: 301–827–6870.
• Mail/Hand delivery/Courier [For
paper, disk, or CD–ROM submissions]:
Division of Dockets Management (HFA–
305), Food and Drug Administration,
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5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.
To ensure more timely processing of
comments, FDA is no longer accepting
comments submitted to the agency by email. FDA encourages you to continue
to submit electronic comments by using
the Federal eRulemaking Portal or the
agency Web site, as described
previously, in the ADDRESSES portion of
this document under Electronic
Submissions.
Instructions: All submissions received
must include the agency name and
Docket No(s). and Regulatory
Information Number (RIN) (if a RIN
number has been assigned) for this
rulemaking. All comments received may
be posted without change to https://
www.fda.gov/ohrms/dockets/
default.htm, including any personal
information provided. For additional
information on submitting comments
see the ‘‘Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.fda.gov/ohrms/dockets/
default.htm and insert the docket
number(s), found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Brenda R. Friend,Center for Biologics
Evaluation and Research (HFM–17),
Food and Drug Administration,1401
Rockville Pike, suite 200N, Rockville,
MD 20852–1448, 301–827–6210.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of November
8, 2007 (72 FR 63416), FDA published
a proposed rule with a 90-day comment
period to request comments on the
proposed rule. The proposed rule would
establish regulations for blood and
blood components, including Source
Plasma and Source Leukocytes, to add
donor requirements that are consistent
with current practices in the blood
industry, and to more closely align the
regulations with current FDA
recommendations.
The agency has received requests for
a 180-day extension of the comment
period for the proposed rule. Each
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request conveyed concern that the
current 90-day comment period does
not allow sufficient time to develop a
meaningful or thoughtful response to
the proposed rule.
FDA has considered the requests and
is extending the comment period for the
proposed rule for 180 days, until August
4, 2008. The agency believes that a 180day extension allows adequate time for
interested persons to submit comments
without significantly delaying
rulemaking on these important issues.
II. Request for Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments on this document. Submit a
single copy of electronic comments or
two paper copies of any mailed
comments, except that individuals may
submit one paper copy. Comments are
to be identified with the docket number
found in brackets in the heading of this
document. Received comments may be
seen in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
Please note that in January 2008, the
FDA Web site is expected to transition
to the Federal Dockets Management
System (FDMS). FDMS is a
Government-wide, electronic docket
management system. After the transition
date, electronic submissions will be
accepted by FDA through the FDMS
only. When the exact date of the
transition to FDMS is known, FDA will
publish a Federal Register notice
announcing that date.
Dated: January 2, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8–297 Filed 1–10–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 931
[Docket ID: OSM–2007–0021; SATS No. NM–
047–FOR]
New Mexico Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
AGENCY:
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Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Proposed Rules
Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
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ACTION:
SUMMARY: We are 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 or the
Act). New Mexico is proposing
additions of and revisions to the New
Mexico Annotated Code (NMAC) to
improve and clarify the public
notification process during permitting
actions, to correct outdated citations, to
comply with formatting requirements
for New Mexico administrative law; the
revisions also include non-substantive
editorial changes. New Mexico revised
its program to provide additional
safeguards, clarify ambiguities, and
achieve stylistic consistency.
This document gives the times and
locations that the New Mexico program
and proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4
p.m., mountain standard time February
11, 2008. If requested, we will hold a
public hearing on the amendment on
February 5, 2008. We will accept
requests to speak until 4 p.m., mountain
standard time on January 28, 2008.
ADDRESSES: You may submit comments
by either of the following methods:
• Mail/Hand Delivery/Courier:
Bob Postle, Branch Chief, Field
Operations, Program Support Division,
Western Region, Office of Surface
Mining, Reclamation, and Enforcement,
505 Marquette Ave. NM Suite 1200,
Albuquerque, NM 87102, Telephone:
(505) 248–5070, Internet address:
bpostle@osmre.gov.
• Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
is listed under the agency name
‘‘OFFICE OF SURFACE MINING
RECLAMATION AND
ENFORCEMENT.’’ The proposed rule
has been assigned Docket ID: OSM–
2007–0021.
If you would like to submit comments
through the Federal eRulemaking Portal,
go to www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in the Docket ID
OSM–2007–0021 and click the
‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket for NM–047–FOR. If you click
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on OSM–2007–0021, you can view the
proposed rule, add comments, and view
any comments submitted by other
persons.
Docket: You may access the docket for
this rulemaking at www.regulations.gov.
Search for Docket ID: OSM–2007–0021.
At www.regulations.gov, you may
review and print a copy of the New
Mexico program amendment, a listing of
any scheduled public hearings, and all
written comments received in response
to this document. The information may
also be obtained 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 Area Office.
Bob Postle, Branch Chief, Field
Operations, Program Support Division,
Western Region, Office of Surface
Mining Reclamation and Enforcement,
505 Marquette Ave. NM Suite 1200,
Albuquerque, NM 87102, Telephone:
(505) 248–5070.
Bill Brancard, Director, Mining and
Minerals Division, New Mexico Energy,
Minerals, and Natural Resources
Department, 1220 South St. Francis
Drive, Sante Fe, New Mexico 87505,
Telephone: (505) 476–3400.
FOR FURTHER INFORMATION CONTACT: Bob
Postle, Telephone: (505) 248–5070,
Internet address: bpostle@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the New Mexico Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the New Mexico
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (a)(7). On the basis of
these criteria, the Secretary of the
Interior conditionally approved the New
Mexico program on December 31, 1980.
You can find background information
on the New Mexico program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval in the December 31, 1980,
Federal Register (45 FR 86459). You can
also find later actions concerning New
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Mexico’s program and program
amendments at 30 CFR 931.10, 931.11,
931.13, 931.15, 931.16, and 931.30.
II. Description of the Proposed
Amendment
By letter dated November 28, 2007,
New Mexico sent us a proposed
amendment to its program (SATS No.
NM–047–FOR) under SMCRA (30
U.S.C. 1201 et seq.). New Mexico
proposed this amendment at its own
initiative. The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES.
New Mexico proposes revisions to the
New Mexico Annotated Code (NMAC)
19.8. New Mexico proposed the
revisions to improve and clarify the
public notification process during
permitting actions, correct outdated
citations, and comply with formatting
requirements for New Mexico
administrative law; these revisions
include many non-substantive editorial
changes which are not described below.
Specifically, New Mexico proposes
the following substantive revisions:
NMAC 19.8.7.701.F requires the
permit application to include the owner
of record and residents of dwellings and
structures within one-half mile of any
part of the proposed permit area (the
previous requirement was limited to
properties contiguous to any part of the
proposed permit area).
NMAC 19.8.8.812.D requires,
consistent with the above proposed rule,
that all dwellings and structures within
one-half mile of the proposed permit
area are included on the permit
application maps (the previous rule
required that only dwellings and
structures within 1000 feet be included
on the maps).
NMAC 19.8.11.1100.B(1) requires that
notice of a permit application or permit
revision be provided by at least three of
the following methods: mailing a notice
to the owners of record within one-half
mile of the proposed permit area,
posting a notice in four publicly
accessible places, publishing a notice in
a newspaper, and radio broadcasted
public service announcements. If there
is a significant non-English speaking
population living within the area, a
method to reach these people must be
used.
NMAC 19.8.11.1100.D(5) requires that
written notifications shall be mailed to
persons on a list maintained by the
Director.
NMAC 19.8.11.1100.E(3) requires that
written notifications be posted on a Web
site after an application is received.
NMAC 19.8.11.1100.F require that the
Director shall hold a public meeting
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within 60 days of receipt of a completed
application for a new permit or a permit
revision.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the New Mexico program.
Written Comments
Send your written or electronic
comments to OSM at one of the two
addresses given above (see ADDRESSES).
Your comments should be specific,
pertain only to the issues proposed in
this rulemaking, and include
explanations in support of your
recommendations. We cannot ensure
that comments received after the close
of the comment period (see DATES) or
sent to an address other than the two
listed above will be included in the
docket for this rulemaking and
considered.
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Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., mountain standard time, on
January 28, 2008. If you are disabled
and need reasonable accommodation to
attend a public hearing, contact the
person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange
the location and time of the hearing
with those persons requesting the
hearing. If no one requests an
opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at a public
hearing provide us with a written copy
of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
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speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the 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 FURTHER 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 docket for this rulemaking.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on the analysis performed for the
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
conducted the reviews required by
section 3 of Executive Order 12988 and
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
because each 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
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1985
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.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federally
recognized Indian Tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian Tribes, on the relationship
between the Federal government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian Tribes.
The rule does not involve or affect
Indian Tribes in any way.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because 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
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
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Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Proposed Rules
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
on Federal regulations for which an
analysis was prepared and certification
made that such regulations would not
have a significant economic effect on a
substantial number of small entities. 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
Federal regulations.
DEPARTMENT OF COMMERCE
Small Business Regulatory Enforcement
Fairness Act
AGENCY:
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, Federal, State, or
local government agencies, or
geographic regions; 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
analysis prepared for the Federal
regulations.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based on
Federal regulations for which an
analysis was prepared and a
determination made that the Federal
regulations did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 931
Intergovernmental relations, Surface
mining, Underground mining.
Dated: December 7, 2007.
Allen D. Klein,
Regional Director, Western Regional
Coordinating Center.
[FR Doc. E8–359 Filed 1–10–08; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 224
[Docket No. 071128765–7769–01]
RIN 0648–AW32
Endangered and Threatened Wildlife
and Plants; Proposed Endangered
Status for Black Abalone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: We, NMFS, have completed a
review of the status of black abalone
(Haliotis cracherodii) under the
Endangered Species Act (ESA). After
reviewing the best scientific and
commercial information available,
evaluating threats facing the species,
and considering efforts being made to
protect black abalone, we have
concluded that the species is in danger
of extinction throughout all of its range
and are proposing to list the species as
endangered under the ESA. This
proposal is based on information
indicating that: the disease known as
withering syndrome has spread to areas
throughout the range of the species, has
been responsible for the local
extirpation of populations throughout a
large part of the species’ range, and
threatens remaining black abalone
populations; low adult densities below
the critical threshold density required
for successful fertilization exist
throughout a large part of the species’
range; and, a number of interacting
factors (e.g., suboptimal water
temperatures, reduced genetic diversity,
and illegal harvest) may further hamper
natural recovery of the species. A
critical habitat designation is being
considered and may be proposed in a
subsequent Federal Register notice. If
the proposed listing is finalized, a
recovery plan will be prepared and
implemented.
Comments on this proposal must
be received by April 10, 2008. Public
hearing (s) will be held promptly if any
person so requests by February 25, 2008.
Notice of the location (s) and time(s) of
any such hearing(s) will be published in
the Federal Register not less than 15
days before the hearing(s) is(are) held.
ADDRESSES: You may submit comments,
identified by [RIN 0648–AW32], by any
one of the following methods:
DATES:
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• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Facsimile (fax): 562–980–4027,
Attn: Melissa Neuman.
• Mail: Submit written comments to
Chief, Protected Resources Division,
Southwest Region, National Marine
Fisheries Service, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA
90802–4213.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
We will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
A draft black abalone status review
report and other reference materials
regarding this determination can be
obtained via the Internet at: https://
www.nmfs.noaa.gov. The draft status
review report and list of references are
also available by submitting a request to
the Assistant Regional Administrator,
Protected Resources Division,
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213.
FOR FURTHER INFORMATION CONTACT:
Melissa Neuman, NMFS, Southwest
Region (562) 980–4115; or Lisa
Manning, NMFS, Office of Protected
Resources (301) 713–1401.
SUPPLEMENTARY INFORMATION:
Background
Black abalone was added to the
National Marine Fisheries Service’s
(NMFS’) Candidate Species list on June
23, 1999 (64 FR 33466) and remained on
this list after NMFS redefined the term
‘‘candidate species’’ on April 15, 2004
(69 FR 19975). We initiated an informal
ESA status review of black abalone on
July 15, 2003, and formally announced
initiation of a status review on October
17, 2006 (71 FR 61021), at the same time
soliciting information from the public.
On December 27, 2006, we received a
petition from the Center for Biological
Diversity (CBD) to list black abalone as
either an endangered or threatened
species under the ESA and to designate
critical habitat for the species
concurrently with any listing
determination. We published a 90–day
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]]>Agencies
[Federal Register Volume 73, Number 8 (Friday, January 11, 2008)]
[Proposed Rules]
[Pages 1983-1986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-359]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 931
[Docket ID: OSM-2007-0021; SATS No. NM-047-FOR]
New Mexico Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
[[Page 1984]]
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We are 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 or
the Act). New Mexico is proposing additions of and revisions to the New
Mexico Annotated Code (NMAC) to improve and clarify the public
notification process during permitting actions, to correct outdated
citations, to comply with formatting requirements for New Mexico
administrative law; the revisions also include non-substantive
editorial changes. New Mexico revised its program to provide additional
safeguards, clarify ambiguities, and achieve stylistic consistency.
This document gives the times and locations that the New Mexico
program and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
mountain standard time February 11, 2008. If requested, we will hold a
public hearing on the amendment on February 5, 2008. We will accept
requests to speak until 4 p.m., mountain standard time on January 28,
2008.
ADDRESSES: You may submit comments by either of the following methods:
Mail/Hand Delivery/Courier:
Bob Postle, Branch Chief, Field Operations, Program Support
Division, Western Region, Office of Surface Mining, Reclamation, and
Enforcement, 505 Marquette Ave. NM Suite 1200, Albuquerque, NM 87102,
Telephone: (505) 248-5070, Internet address: bpostle@osmre.gov.
Federal eRulemaking Portal: https://www.regulations.gov.
The proposed rule is listed under the agency name ``OFFICE OF SURFACE
MINING RECLAMATION AND ENFORCEMENT.'' The proposed rule has been
assigned Docket ID: OSM-2007-0021.
If you would like to submit comments through the Federal
eRulemaking Portal, go to www.regulations.gov and do the following.
Click on the ``Advanced Docket Search'' button on the right side of the
screen. Type in the Docket ID OSM-2007-0021 and click the ``Submit''
button at the bottom of the page. The next screen will display the
Docket for NM-047-FOR. If you click on OSM-2007-0021, you can view the
proposed rule, add comments, and view any comments submitted by other
persons.
Docket: You may access the docket for this rulemaking at
www.regulations.gov. Search for Docket ID: OSM-2007-0021. At
www.regulations.gov, you may review and print a copy of the New Mexico
program amendment, a listing of any scheduled public hearings, and all
written comments received in response to this document. The information
may also be obtained 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
Area Office.
Bob Postle, Branch Chief, Field Operations, Program Support
Division, Western Region, Office of Surface Mining Reclamation and
Enforcement, 505 Marquette Ave. NM Suite 1200, Albuquerque, NM 87102,
Telephone: (505) 248-5070.
Bill Brancard, Director, Mining and Minerals Division, New Mexico
Energy, Minerals, and Natural Resources Department, 1220 South St.
Francis Drive, Sante Fe, New Mexico 87505, Telephone: (505) 476-3400.
FOR FURTHER INFORMATION CONTACT: Bob Postle, Telephone: (505) 248-5070,
Internet address: bpostle@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the New Mexico Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the New Mexico Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (a)(7).
On the basis of these criteria, the Secretary of the Interior
conditionally approved the New Mexico program on December 31, 1980. You
can find background information on the New Mexico program, including
the Secretary's findings, the disposition of comments, and conditions
of approval in the December 31, 1980, Federal Register (45 FR 86459).
You can also find later actions concerning New Mexico's program and
program amendments at 30 CFR 931.10, 931.11, 931.13, 931.15, 931.16,
and 931.30.
II. Description of the Proposed Amendment
By letter dated November 28, 2007, New Mexico sent us a proposed
amendment to its program (SATS No. NM-047-FOR) under SMCRA (30 U.S.C.
1201 et seq.). New Mexico proposed this amendment at its own
initiative. The full text of the program amendment is available for you
to read at the locations listed above under ADDRESSES.
New Mexico proposes revisions to the New Mexico Annotated Code
(NMAC) 19.8. New Mexico proposed the revisions to improve and clarify
the public notification process during permitting actions, correct
outdated citations, and comply with formatting requirements for New
Mexico administrative law; these revisions include many non-substantive
editorial changes which are not described below.
Specifically, New Mexico proposes the following substantive
revisions:
NMAC 19.8.7.701.F requires the permit application to include the
owner of record and residents of dwellings and structures within one-
half mile of any part of the proposed permit area (the previous
requirement was limited to properties contiguous to any part of the
proposed permit area).
NMAC 19.8.8.812.D requires, consistent with the above proposed
rule, that all dwellings and structures within one-half mile of the
proposed permit area are included on the permit application maps (the
previous rule required that only dwellings and structures within 1000
feet be included on the maps).
NMAC 19.8.11.1100.B(1) requires that notice of a permit application
or permit revision be provided by at least three of the following
methods: mailing a notice to the owners of record within one-half mile
of the proposed permit area, posting a notice in four publicly
accessible places, publishing a notice in a newspaper, and radio
broadcasted public service announcements. If there is a significant
non-English speaking population living within the area, a method to
reach these people must be used.
NMAC 19.8.11.1100.D(5) requires that written notifications shall be
mailed to persons on a list maintained by the Director.
NMAC 19.8.11.1100.E(3) requires that written notifications be
posted on a Web site after an application is received.
NMAC 19.8.11.1100.F require that the Director shall hold a public
meeting
[[Page 1985]]
within 60 days of receipt of a completed application for a new permit
or a permit revision.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the New Mexico program.
Written Comments
Send your written or electronic comments to OSM at one of the two
addresses given above (see ADDRESSES). Your comments should be
specific, pertain only to the issues proposed in this rulemaking, and
include explanations in support of your recommendations. We cannot
ensure that comments received after the close of the comment period
(see DATES) or sent to an address other than the two listed above will
be included in the docket for this rulemaking and considered.
Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., mountain
standard time, on January 28, 2008. If you are disabled and need
reasonable accommodation to attend a public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT. We will arrange the
location and time of the hearing with those persons requesting the
hearing. If no one requests an opportunity to speak, we will not hold
the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the 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 FURTHER 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 docket for this
rulemaking.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the 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 conducted the reviews required by
section 3 of Executive Order 12988 and 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 because each 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.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The rule does not involve or affect Indian Tribes in any way.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies that this rule will not
have a significant economic impact on a substantial number of small
entities
[[Page 1986]]
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State
submittal, which is the subject of this rule, is based on Federal
regulations for which an analysis was prepared and certification made
that such regulations would not have a significant economic effect on a
substantial number of small entities. 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 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, Federal, State, or local government agencies, or geographic
regions; 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 analysis prepared for
the Federal regulations.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based on Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulations did not impose an unfunded mandate.
List of Subjects in 30 CFR Part 931
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 7, 2007.
Allen D. Klein,
Regional Director, Western Regional Coordinating Center.
[FR Doc. E8-359 Filed 1-10-08; 8:45 am]
BILLING CODE 4310-05-P
