[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Proposed Rules]
[Pages 37621-37622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17987]
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[[Page 37622]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 931
New Mexico Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Withdrawal of proposed amendment.
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SUMMARY: OSM is announcing the withdrawal of a proposed amendment to
the New Mexico regulatory program (hereinafter, the ``New Mexico
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The amendment consisted of revisions to and additions of rules
pertaining to definitions, designation of lands unsuitable for surface
coal mining, permit application information, minimum requirements for
reclamation and operation plans in permit applications, review and
approval or denial of permit applications and permit conditions,
performance standards for coal exploration, and performance standards
for surface coal mining operations.
DATES: This withdrawal is effective July 21, 1995.
FOR FURTHER INFORMATION CONTACT:
Arthur W. Abbs, Acting Director, Albuquerque Field Office, Telephone:
(505) 766-1486.
SUPPLEMENTARY INFORMATION: By letter dated April 13, 1995, New Mexico
submitted a proposed amendment to its program (administrative record
No. NM-739) pursuant to SMCRA (30 U.S.C. 1201 et seq.). New Mexico
submitted the proposed amendment in response to the program amendment
requirements at 30 CFR 931.16 (c), (d), and (f) through (s) (56 FR
67520, December 31, 1991, and 58 FR 65907, December 17, 1993) and at
its own initiative. The provisions of the New Mexico rules that New
Mexico proposed to revise were: Coal Surface Mining Commission (CSMC)
Rule 80-1-5, definitions; CSMC rule 80-1-4-15, designation of lands
unsuitable for surface coal mining; CSMC Rule 80-1-7-14, permit
application information; CSMC Rule 80-1-9-39, minimum requirements for
reclamation and operation plans in permit applications: CSMC Rules 80-
1-11-17, 80-1-11-19, 80-1-11-20, and 80-1-11-29, review of and approval
or denial of permit applications and permit conditions; CSMC Rule 80-1-
19-15, performance standards for coal exploration; and CSMC Rules 80-1-
20-41 and 49, 80-1-20-82, 80-1-20-89, 80-1-20-93, 80-1-20-97, 80-1-20-
116 and 117, 80-1-20-124, and 80-1-20-150, performance standards for
surface coal mining operations.
OSM announced receipt of the proposed amendment in the May 5, 1995
Federal Register (60 FR 22332), provided an opportunity for a public
hearing or meeting on its substantive adequacy, and invited public
comment on its adequacy (administrative record No. NM-741). Because no
one requested a public hearing or meeting, none was held. The public
comment period ended on June 5, 1995.
During its review of the amendment, OSM identified concerns related
to several provisions of New Mexico's proposed rules. OSM notified New
Mexico of these concerns by letter dated June 22, 1995 (administrative
record No. NM-747.
In response to OSM's concerns, New Mexico, by letter dated July 6,
1995, requested that the proposed amendment be withdrawn
(administrative record No. NM-752). New Mexico indicated that its
program requires that substantial rule revisions be reviewed and
approved by the CSMC at a public hearing prior to submission to OSM.
new Mexico stated that it would resubmit the amendment at a later date
for approval as part of the New Mexico program after revisions have
been approved by the CSMC.
Therefore, the proposed amendment announced in the May 5, 1995,
publication of the Federal Register is withdrawn.
List of Subjects in 30 CFR Part 331
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 14, 1995.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-17987 Filed 7-20-95; 8:45 am]
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