New Mexico Regulatory Program

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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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