New Mexico Regulatory Program, 4266-4268 [2011-1511]
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules
TABLE 1—CREDIT FOR ACCOMPLISHMENT OF PREVIOUS SERVICE INFORMATION
Document
Revision
Date
Bombardier Service Bulletin 670BA–32–023 ....................................................................................
Bombardier Service Bulletin 670BA–32–023 ....................................................................................
Bombardier Service Bulletin 670BA–32–023 ....................................................................................
Original .........................
A ...................................
B ...................................
October 24, 2007.
January 7, 2008.
March 5, 2008.
FAA AD Differences
Other FAA AD Provisions
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Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
Issued in Renton, Washington on January
13, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–1440 Filed 1–24–11; 8:45 am]
(l) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York
11590; telephone 516–228–7300; fax 516–
794–5531. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: A Federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
shall a person be subject to a penalty for
failure to comply with a collection of
information subject to the requirements of
the Paperwork Reduction Act unless that
collection of information displays a current
valid OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public reporting for
this collection of information is estimated to
be approximately 5 minutes per response,
including the time for reviewing instructions,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
be directed to the FAA at: 800 Independence
Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer,
AES–200.
BILLING CODE 4910–13–P
Related Information
(m) Refer to MCAI Canadian Airworthiness
Directive CF–2010–15, dated May 13, 2010;
and Bombardier Service Bulletin 670BA–32–
023, Revision C, dated January 29, 2009; for
related information.
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 931
[SATS No. NM–048–FOR; Docket ID OSM–
2010–0014]
New Mexico Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
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 proposes
revisions to and additions of rules about
Ownership and Control (‘‘O & C’’). New
Mexico intends to revise its program to
be consistent with the rules published
in the Federal Register notices
published on December 3, 2007,
Ownership and Control (72 FR 68000);
December 19, 2000, Application and
Permit Information Requirements,
Permit Eligibility, definitions of
Ownership and Control, the AVS,
Alternative Enforcement (65 FR 79582);
and October 28, 1994, Use of the AVS
in Surface Coal Mining Reclamation
Permit Approval, Standards and
Procedures for Ownership and Control
Determinations (59 FR 54306).
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.
SUMMARY:
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We will accept written
comments on this amendment until 4
p.m., m.d.t. February 24, 2011. If
requested, we will hold a public hearing
on the amendment on February 22,
2011. We will accept requests to speak
until 4 p.m., m.d.t. on February 9, 2011.
ADDRESSES: You may submit comments
by either of the following two methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. This proposed
rule has been assigned Docket ID: OSM–
2010–0014. If you would like to submit
comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and follow the
instructions.
• Mail/Hand Delivery/Courier: James
F. Fulton, Chief, Denver Field Division,
Office of Surface Mining Reclamation
and Enforcement, 1999 Broadway, Suite
3320, Denver, CO 80202.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the ‘‘III. Public Comment
Procedures’’ in the SUPPLEMENTARY
INFORMATION section of this document.
In addition to viewing the docket and
obtaining copies of documents at
https://www.regulations.gov, you may
review copies of the New Mexico
program, this amendment, a listing of
any public hearings, and all written
comments received in response to this
document at the addresses listed below
during normal business hours, Monday
through Friday, excluding holidays. You
may also receive one free copy of the
amendment by contacting OSM’s
Albuquerque 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, Acting Director, Mining
and Minerals Division, New Mexico
Energy, Minerals and Natural Resources
Department, 1220 South St. Francis
Drive, Sante Fe, New Mexico 87505,
(505) 476–3400.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Chief, Denver Field
Division, Office of Surface Mining
Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO
DATES:
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules
80202, Telephone: (303) 293–5010.
Internet: jfulton@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the New Mexico Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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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 (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 the conditions of
approval of the New Mexico program 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 September 1, 2010,
New Mexico submitted the proposed
amendment in response to OSM’s
September 3, 2009, letter sent in
accordance with 30 CFR 732.17(c). The
letter notified New Mexico that changes
and additions promulgated by OSM’s
October 28, 1994, December 19, 2000,
and December 3, 2007, amendments to
the existing ownership and control
rules, at 30 CFR 701, 773, 778, 840, 843
and 847, had been upheld in court and
the State must respond by submitting
changes to its Ownership and Control
rules. New Mexico was thereby required
to submit amendments to ensure its
program remains consistent with the
Federal program. This amendment
package is intended to address all
required rule changes pertaining to
Ownership and Control.
Specifically, New Mexico proposes to
amend its administrative rules at 19.8.1
NMAC, Section 7 (Definitions); 19.8.7
NMAC, Section 701 (Identification of
Interests); 19.8.11 NMAC, Sections 1105
(Review of Permit Applications) and
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1114 (Conformance of Permit); 19.8.20
NMAC, Section 2010 (Hydrologic
Balance: Water Quality Standards and
Effluent Limitations); 19.8.30 NMAC,
Sections 3000 (Cessation Orders), 3003
(Service of Notices of Violation and
Cessation Orders) and 3004 (Informal
Hearings); 19.8.31 NMAC, Sections 3103
(Assessment of Separate Violation for
Each Day) and 3109 (Individual Civil
Penalties); and 19.8.34 NMAC Sections
3402 (Application Requirements and
Procedures) and 3408 (Revocation and
Enforcement).
Additionally, New Mexico proposes
the adoption of new sections in 19.8.11
NMAC Sections 1119 (Post-Permit
Issuance Requirements and other
Actions Based on Ownership, Control
and Violation Information), 1120 (PostPermit Issuance Information
Requirements for Permittees) and 1121
(Certifying and Updating Existing
Permit Application Information); and
19.8.31 NMAC, Section 3113 (Criminal
Penalties). The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES.
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.
Electronic or Written Comments
If you submit written comments, they
should be specific, confined to issues
pertinent to the proposed regulations,
and explain the reason for any
recommended change(s). We appreciate
any and all comments, but those most
useful and likely to influence decisions
on the final regulations will be those
that either involve personal experience
or include citations to and analyses of
SMCRA, its legislative history, its
implementing regulations, case law,
other pertinent Tribal or Federal laws or
regulations, technical literature, or other
relevant publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed above (see
ADDRESSES) will be included in the
docket for this rulemaking and
considered.
Public 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
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personal identifying information—may
be made publicly available in the
electronic docket for this rulemaking at
https://www.regulations.gov. 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., m.d.t. on February 9, 2011. If you
are disabled and need reasonable
accommodations 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. If only one person
expresses an interest, a public meeting
rather than a hearing may be held, with
the results included in the docket for
this rulemaking.
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.
IV. Procedural Determinations
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
(Regulatory Planning and Review).
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 931
Intergovernmental relations, Surface
mining, Underground mining.
Dated: September 17, 2010.
Billie Clark,
Acting Regional Director, Western Region.
[FR Doc. 2011–1511 Filed 1–24–11; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0036; FRL–9256–6]
Approval and Disapproval and
Promulgation of Air Quality
Implementation Plans; Colorado;
Revision to Definitions; Common
Provisions Regulation
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to partially
approve and partially disapprove State
Implementation Plan (SIP) revisions
submitted by the State of Colorado on
June 20, 2003. The intended effect of
this proposal is to approve and make
federally enforceable those portions of
the revisions to Colorado’s Common
Provisions that are consistent with the
Clean Air Act (CAA). Primarily, the
revisions involved changes designed to
fix ambiguous language, to make the
definitions more readable or to delete
obsolete definitions. In addition, a
number of definitions were revised to
reflect developments in federal law or
were deleted to eliminate duplicative
provisions that appear in other Colorado
regulations. EPA is proposing to
approve parts of the revision that delete
duplicative or obsolete definitions, or
that clarify existing definitions in a
manner consistent with the CAA. In
addition, EPA proposes to disapprove
those portions of the rule revisions that
EPA determined are inconsistent with
the CAA. This action is being taken
under section 110 of the CAA.
DATES: Comments must be received on
or before February 24, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2011–0036, by one of the
following methods:
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SUMMARY:
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• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: komp.mark@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie Videtich, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Callie Videtich,
Director, Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2011–
0036. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
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Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mark Komp, Air Program, 1595
Wynkoop Street, Mailcode: P–AR,
Denver, Colorado 80202–1129, (303)
312–6022, komp.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background of State’s Submittal
III. EPA Analysis of State’s Submittal
IV. Consideration of Section 110(l) of the
CAA
V. Proposed Action
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
(v) The initials AQCC mean or refer to
Air Quality Control Commission.
(vi) The initials BACT mean or refer
to Best Available Control Technology,
and the initials LAER means or refers to
Lowest Achievable Emission Rate.
(vii) The initials ASTM means or
refers to the American Society for
Testing and Materials.
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]]>Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Proposed Rules]
[Pages 4266-4268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1511]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 931
[SATS No. NM-048-FOR; Docket ID OSM-2010-0014]
New Mexico Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
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 proposes revisions to and additions of
rules about Ownership and Control (``O & C''). New Mexico intends to
revise its program to be consistent with the rules published in the
Federal Register notices published on December 3, 2007, Ownership and
Control (72 FR 68000); December 19, 2000, Application and Permit
Information Requirements, Permit Eligibility, definitions of Ownership
and Control, the AVS, Alternative Enforcement (65 FR 79582); and
October 28, 1994, Use of the AVS in Surface Coal Mining Reclamation
Permit Approval, Standards and Procedures for Ownership and Control
Determinations (59 FR 54306).
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.,
m.d.t. February 24, 2011. If requested, we will hold a public hearing
on the amendment on February 22, 2011. We will accept requests to speak
until 4 p.m., m.d.t. on February 9, 2011.
ADDRESSES: You may submit comments by either of the following two
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
This proposed rule has been assigned Docket ID: OSM-2010-0014. If you
would like to submit comments through the Federal eRulemaking Portal,
go to https://www.regulations.gov and follow the instructions.
Mail/Hand Delivery/Courier: James F. Fulton, Chief, Denver
Field Division, Office of Surface Mining Reclamation and Enforcement,
1999 Broadway, Suite 3320, Denver, CO 80202.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``III. Public Comment
Procedures'' in the SUPPLEMENTARY INFORMATION section of this document.
In addition to viewing the docket and obtaining copies of documents
at https://www.regulations.gov, you may review copies of the New Mexico
program, this amendment, a listing of any public hearings, and all
written comments received in response to this document at the addresses
listed below during normal business hours, Monday through Friday,
excluding holidays. You may also receive one free copy of the amendment
by contacting OSM's Albuquerque 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, Acting Director, Mining and Minerals Division, New
Mexico Energy, Minerals and Natural Resources Department, 1220 South
St. Francis Drive, Sante Fe, New Mexico 87505, (505) 476-3400.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Chief, Denver Field
Division, Office of Surface Mining Reclamation and Enforcement, 1999
Broadway, Suite 3320, Denver, CO
[[Page 4267]]
80202, Telephone: (303) 293-5010. Internet: jfulton@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 (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 the
conditions of approval of the New Mexico program 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 September 1, 2010, New Mexico submitted the
proposed amendment in response to OSM's September 3, 2009, letter sent
in accordance with 30 CFR 732.17(c). The letter notified New Mexico
that changes and additions promulgated by OSM's October 28, 1994,
December 19, 2000, and December 3, 2007, amendments to the existing
ownership and control rules, at 30 CFR 701, 773, 778, 840, 843 and 847,
had been upheld in court and the State must respond by submitting
changes to its Ownership and Control rules. New Mexico was thereby
required to submit amendments to ensure its program remains consistent
with the Federal program. This amendment package is intended to address
all required rule changes pertaining to Ownership and Control.
Specifically, New Mexico proposes to amend its administrative rules
at 19.8.1 NMAC, Section 7 (Definitions); 19.8.7 NMAC, Section 701
(Identification of Interests); 19.8.11 NMAC, Sections 1105 (Review of
Permit Applications) and 1114 (Conformance of Permit); 19.8.20 NMAC,
Section 2010 (Hydrologic Balance: Water Quality Standards and Effluent
Limitations); 19.8.30 NMAC, Sections 3000 (Cessation Orders), 3003
(Service of Notices of Violation and Cessation Orders) and 3004
(Informal Hearings); 19.8.31 NMAC, Sections 3103 (Assessment of
Separate Violation for Each Day) and 3109 (Individual Civil Penalties);
and 19.8.34 NMAC Sections 3402 (Application Requirements and
Procedures) and 3408 (Revocation and Enforcement).
Additionally, New Mexico proposes the adoption of new sections in
19.8.11 NMAC Sections 1119 (Post-Permit Issuance Requirements and other
Actions Based on Ownership, Control and Violation Information), 1120
(Post-Permit Issuance Information Requirements for Permittees) and 1121
(Certifying and Updating Existing Permit Application Information); and
19.8.31 NMAC, Section 3113 (Criminal Penalties). The full text of the
program amendment is available for you to read at the locations listed
above under ADDRESSES.
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.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent Tribal or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed above (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public 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 in the electronic docket
for this rulemaking at https://www.regulations.gov. 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., m.d.t. on
February 9, 2011. If you are disabled and need reasonable
accommodations 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. If
only one person expresses an interest, a public meeting rather than a
hearing may be held, with the results included in the docket for this
rulemaking.
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.
IV. Procedural Determinations
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 (Regulatory Planning and
Review).
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the
[[Page 4268]]
determinations and certifications required by the various laws and
executive orders governing the rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 931
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 17, 2010.
Billie Clark,
Acting Regional Director, Western Region.
[FR Doc. 2011-1511 Filed 1-24-11; 8:45 am]
BILLING CODE 4310-05-P
