FEDERAL REGISTER: 45 FR 73945 (November 7, 1980)

DEPARTMENT OF THE INTERIOR 
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM)

30 CFR Parts 715, 816, and 817 
Reclamation and Enforcement Disposal of Excess Spoil in Durable Rock Fills; Withdrawal of Interpretative Ruling  

ACTION: Withdrawal of Final Interpretative Rule.  

SUMMARY: This notice announces the withdrawal of the interpretative rule relating to the disposal of excess spoil
in durable rock fills published on April 16, 1980, at 45 FR 25998-26001, which was intended to clarify the
regulations at 30 CFR 715.15(d), 816.74, and 817.74 providing for alternative methods of disposal of excess hard
rock spoil.  The withdrawal of the interpretative rule has resulted from numerous comments and suggestions received
during the public comment period.  

EFFECTIVE DATE: November 6, 1980.  

FOR FURTHER INFORMATION CONTACT: Raymond E. Aufmuth, Physical Scientist, Technical Services
Division, Office of Surface Mining, U.S. Department of the Interior, 1951 Constitution Avenue, NW., Washington,
D.C. 20240.  Telephone: (202) 343-4022.  

SUPPLEMENTARY INFORMATION: On April 16, 1980, the Office of Surface Mining Reclamation and
Enforcement (OSM) published an interpretative rule relating to disposal of excess spoil in durable rock fills.  45 FR
25998-26001. The rule interpreted regulations published on March 13, 1979, 44 FR 15311-15463, and May 25,
1979, 44 FR 30610-30634, codified at 30 CFR 715.15(d), 816.74 and 817.74.  See also 45 FR 48129, July 18, 1980
(provision for comment period on the interpretative rule), and 45 FR 56342, August 25, 1980 [comment period
extended until September 17, 1980).  Prior to the comment period, the National Coal Association/American Mining
Congress (NCA/AMC) and Falcon Coal Company had filed two separate legal challenges to the interpretative rule in
the United States District Court for the District of Columbia.  NCA/AMC v. Andrus , D.D.C. No. 80-1477, Falcon
Coal Co. v. Andrus , D.D.C., No. 80-1478 (both filed June 13, 1980).  The litigation was held in abeyance by
District Court Order until October 15, 1980.  Order, D.D.C., September 8, 1980.  By affidavit of Walter N. Heine,
Director.  OSM, dated 9 October, 1980, and filed with the District Court on October 15, 1980, the court and
petitioners NCA/AMC and Falcon Coal were informed of OSM's decision to publish this notice of withdrawal. 
Thereafter the Court dismissed the petitions.  Order, D.D.C., October 15, 1980.  

For the reasons discussed above, 30 CFR Chapter VII is amended as follows:  

{73946} 
PART 715 -- GENERAL PERFORMANCE STANDARDS  

Sec. 715.200 [Amended]  

     (1) In Part 715, Sec. 715.200(a) is withdrawn.  

PART 816 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- SURFACE MINING ACTIVITIES  

Sec. 816.200 [Amended]  

     (2) In Part 816, Sec. 816.200(a) is withdrawn.  

PART 817 -- PERMANENT PROGRAM PERFORMANCE STANDARDS -- UNDERGROUND MINING
ACTIVITIES  

Sec. 817.200 [Amended]  

     (3) In Part 817, Sec. 817.200(a) is withdrawn.  

     OSM will soon be proposing for public comment a legislative rule relating to durable rock fill construction. 
Existing legislative durable rock fill rules at 30 CFR 715.15(d), 816.74, and 817.74 remain in effect.  Those
comments submitted during the 60 day comment period on the April 16, 1980, durable rock fill interpretative rule
that have materially influenced OSM's decision to withdraw the interpretative rule will be addressed in the notice of
proposed rulemaking.  

Dated: October 30, 1980.  
Walter Heine,  Director .  

[FR Doc. 80-34785 Filed 11-6-80: 8:45 am]  
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